Presn on Env. Mangmt and Legislation
Transcript of Presn on Env. Mangmt and Legislation
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Presentation on
Environment Management andLegislation in INDIA
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What is Environment ?
The Physical and Biologicalworld that we live in is
called as
ENVIRONMENT
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Means ..
Physical surroundings and conditions The natural world in which we live
Water
Land
Flora
Fauna
Socio-Economics
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What is changing
Green house effectGlobal warming
Ozone holeAcid rains
Disappearing Bio-diversityIncrease in talking on Greens
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The Earth has an average surfacetemperature of 59F (15C). Without it, its
average surface temperature would be
0F (-18Celsius), a temperature so low,
that the Earth would be frozen and couldnot sustain life.
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Contribution of GHG to AtmosphereGreen House Gases Contribution to
atmosphere%
CO2 55
CH4 15
CFC 17
NOX 6
Others 7
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In the ancient times, man was using the natural
resources judiciously, thus living in harmony
with nature.
But, after the scientific and industrial revolution
in the recent past, there has been immense
impact of man on his environment.
Rapid industrialization, urbanization and modern
style of living are the main contributing factors
to environmental pollution.
Degradation of quality of environment,disruption of earths natural ecosystem,
depletion of ozone layer, global warming etc.,
have become the issues of concern in present
day life.
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Todays modern technologies, high rate ofexploitation of natural resources and un-controlled development by developed countries
have resulted in alarming situation ofenvironmental crisis and ecological disturbanceall over the globe.
The environmental calamities that occurred
during 50s and 60s have generated awidespread awareness about the dangers ofenvironmental pollution.
Killer smog in New York and London that killed
5000 lives in a single year (1952), mercurypoisoning in contaminated sea food in Japan,disappearance of several species of birds due touse of pesticides like DDT, massive oil spill froma super tanker in English Channel - are some ofthe examples of calamities.
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Several global conventions / conferences like
Stockholm Conference 1972, Montreal Protocol
1987, have taken place to discuss about the
various global environmental concerns.
The Earth Summit in Rio held during 1992 is
one such convention where 150 countries have
participated and established the importantlinkages between Environment and
development.
The concept of Sustainable development and
Global commons has emerged in thisConvention.
All the nations have recognized the fact that
pollution is not a regional issue of concern to a
particular nation but it requires global attention
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India is the first country, which has made
provision for the protection and improvement of
environment, in its Constitution. Article 51 (g)
of the Constitution states:
It shall be the duty of every citizen of India to
protect and improve the natural environment
including forest, lakes, rivers, and wildlife and to
have compassion for living creatures.
HISTORICAL PERSPECTIVE
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:Role of 42nd Amendment of
Constitution of India
Introduced 48A and 51A(g) as part ofDirective Principles of State Policy wherein
protection of environment became a duty of
State as well as its citizens. Expanded list of
subjects under concurrent list to include statesubjects like Forests & wild animals & birds
In India, the issue of protection of theenvironment and sustainable use of natural
resources, received due attention in the planningprocess in the early seventies.
The fourth five year plan (1968-73) gaveexplicit recognition for integrating environmental
dimension in to the planning and
developmental process.
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Role of Article 253:
s Parliament has power to make any law for thewhole or any part of the territory in India forimplementing any treaty, agreement or convention
with any country or countries or any decisionmade at any international conference, associationor other body
s It was used to frame Air Act & Environment
Protection Act.
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After Stockholm Conference,1972, the firstdirect Environment law i.e The Water (Preventionand control of Pollution) Act 1974 was enacted.
Later Forest (Conservation) Act, 1980, Air Act
1981, Environment (Protection) Act, 1986 wereenacted.
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ENVIRONMENTAL LEGISLATIONS IN BRIEF
1974THE WATER (PREVENTION ANDCONTROL OF POLLUTION) ACT
1975 THE WATER (PREVENTION ANDCONTROL OF POLLUTION) RULES
1977 THE WATER CESS ACT
1978 THE WATER CESS RULES
1980 FOREST (CONSERVATION) ACT
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1981 THE AIR (PREVENTION AND
CONTROL OF POLLUTION) ACT
1982 THE AIR (PREVENTION AND
CONTROL OF POLLUTION)RULES
1986 THE ENVIRONMENT (PROTECTION)
ACT/ RULES
1989 THE HAZARDOUS WASTES
(MANAGEMENT & HANDLING) RULES
ENVIRONMENTAL LEGISLATIONS IN BRIEF
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1991 THE PUBLIC LIABILITY INSURANCEACT/RULES
1992 Notification on Submission of
ENVIRONMENTAL STATEMENT
under EP RULES
1994 EIA Notification on ENVIRONMENTAL
CLEARANCE under EP Act & Rules
1995 THE NATIONAL ENVIRONMENTAL
TRIBUNAL ACT
ENVIRONMENTAL LEGISLATIONS IN BRIEF
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1997 Notification on PUBLIC HEARING as per EP
Act/ Rules.
1998 Bio-Medical Waste (Management & Handling)
Rules under EP Act,1986
1999 Municipal Solid Wastes (Management &
Handling) Rules under EP Act,1986
ENVIRONMENTAL LEGISLATIONS IN BRIEF
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2000 Notification on Standards for Coal Mines
2000 Noise Pollution (Regulation &
Control) Rules
2004 EIA Notification Amended by including
New construction projects and New industrialestates (1000 persons and above or
generating effluents 50 KLD or above or
with an investment of Rs. 50 Crores and
above)
2006 New EIA notification on Environmental
Clearance under EP Act & Rules
ENVIRONMENTAL LEGISLATIONS IN BRIEF
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Water (prevention & Control of Pollution)
Act 1974 amended in 1988
Enforcing agencies:
State Pollution Control Board (PCB) for
states Central Pollution Control Board for
Union Territories
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Relevant provisions of the Water Act applicable to
mining industry
Section 20: Power to obtain information.
Section 21: Powers to take samples of
effluents & procedures to be
followed
Section 23: Powers of entry and Inspection.
Section 24: Prohibition on use of stream or well for
disposal of polluting matter
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Relevant provisions of the Act
applicable to mining industry:
Sections 25 & 26: Require Consent to Establish orOperation of any industry from PCBs
Section 27: Refusal or withdrawal of Consent by PCB
Section 28: Appeal
Section 29: Revision of orders of PCBs by state
government
Section 31: Furnishing of information to State boards
such as accident etc
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Obligations of the Organizations
Submit information of liquid effluent such as quantity,quality, treatment and disposal.
Obtain Consent to Operate from Pollution ControlBoard.
Comply with the conditions of the consent.
Consent specifies location specific standards to befollowed.
Consent specifies maximum quantity of the effluentthat can be discharged.
File returns with the characteristics of treated effluent.
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THE WATER
CESS ACT, 1977
Enforcing agencies:
Central Pollution Control Board (CPCB) and State
Pollution Control Board (SPCB) Stipulates permissible water consumption for
certain manufacturing processes
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Relevant provisions of the Cess Act
applicable to mining industry:
Section 3: Levy and Collection of Cess
Section 4: Affixing of meters
Section 5: Furnishing of Returns
mentioning the quantity of waterused for different purposes
Section 6: Assessment of Cess by State Pollution
Control Board.
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Obligations of the Organizations
Affix flow meters to measure water
consumption.
Pay Cess as per prevailing rate prescribed byPollution Control Board.
Submit returns stating monthly water
consumption, characteristics of treated effluentand electrical consumption in effluent treatment
plant.
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Forest Conservation Act, 1980 In case of diversion of forest land for non
forestry purposes:
(i) Industry has to surrender equivalent extent of CAland along with compensatory afforestationcharges.
(ii) As per directive of the Honble Supreme Court ofIndia, MoEF will issue guidelines for the recovery/collection of Net Present value (NPV) of the forestland.
The Court has given a range for the rates i.e.5.80Lakhs per Hectare to 9.20 Lakhs per Hactare forNet Present value depending upon the quality offorest, density and type of species in the area.
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Forest Conservation Act, 1980
As per MoEF circular dtd. 27.03.2000, in case of diversion offorest land for non-forestry purposes, the following reports
are required -
(iii) In case of OC mines, a comprehensive report on solid waste
management is required.
(iv) In case of U/G mines, it is required to carry out - 3D Subsidence prediction studies for prediction of
subsidence, slope and strain values
their impact on forests and surface features along with
mitigation measures. Further
The maximum tensile strain value not to exceed 20 mm per
metre and thereby the surface cracks of 200-300mm may
be permitted in forest areas.
However, MoEF presently restricting the maximum
permissible tensile strain value to 10mm per metre.
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Air (prevention & Control of Pollution) Act1981
Enforcing agencies:
State Pollution Control Board (SPCB) for states Central Pollution Control Board (CPCB) for
Union Territories
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Section 21 : Restriction on use of certainindustrial plants. Require
Consent to establish or
operation of any plant from
the PCBSection 22 : Industrial operators not to allow
emission of air pollutants in excess of
the standards laid down by the
board
Relevant provisions of the Air Act applicable
to mining :
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Section 24 (4) :If any person willfully delay and orobstructs any person empowered by
the board in discharging duties shall
be guilty of an offence under this Act.
Section 25: Power to obtain information
Section 26 : Power to take samples of air or
emission & procedures to be followed
in connection therewith.
Relevant provisions of the Air Act applicable
to mining :
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Section 31 (A) : Powers to give direction
(closure, stoppage of electricity, water
or any other service)
Section 37: Failure to comply with the provisionof section 21 or section 22 or with the
directions issued under section 33(A)
Penalty for violation of Section
21/22/ 31(A): Imprisonment - 11/2 yearsto 6 yrs & with fine. If failure continues
Rs. 5,000/day
Relevant provisions of the Air Act
applicable to mining industry:
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Obligations of the Organization
Submit information of air emissionssuch as quantity, quality and control
methods.
Obtain Consent to operate and adhere tostipulated conditions.
Standards specified for :
i). Concentrations of SPM, RSPM, SO2, NOx,
CO and Lead
ii). Quantity of air pollutants
File returns with concentration of pollutants in
the point sources and ambient air quality.
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Environment Protection Act, 1986
EP act , 1986, extends to the whole of India, theact has been passed to implement the decision
taken at Stockholm conference,1972.
Significant features of the Act: Central
Government is empowered to
(i) Formulate standards for environmental quality,
emissions, discharges and industry specific
operations
(ii) Restrict industrial activity in certain areas.(iii) Lay down safe guards for prevention of
accidents
which may lead to env. pollution
(iv) Lay down safeguards for handling hazardoussubstances includin wastes
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Environment Protection Act, 1986
Under 1992 amendment to EP rules, rule (14)
requires all industries obtaining consents under
Air and water Acts should furnish an annual
environmental statement to APPCB.
Environmental statement should cover
(i) Quantity of pollutants discharged ,
(ii) Hazardous and other solid waste generatedand their characteristics
(iii) Pollution abatement measures
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Hazardous wastes (management and
handling) Rules, 1989.
Enacted under EP Act, 1986.
CPCB and SPCB are authorized to implement.
23 categories of wastes are defined as hazardous. Generator is responsible for proper handling and
disposal of waste.
Mines have been categorized as Red Non-
Hazardous category and Workshop and Stores asRed-Hazardous category.
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Obligation of the Organization
Submit information on hazardous waste such as
category of waste, quantity, treatment method
and mode of disposal.
Secure authorization to generate, store and
dispose waste.
Comply with the conditions stated in the
authorization.
Maintain records and submission of returns
about generation of waste.
Accident reporting
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Public Liability Insurance Act,1991
Provide immediate relief to the affected (otherthan employees) by accidents involving specifiedhazardous substances on principle of no fault.
All hazardous substances included.
District Collector to verify the accident and orderrelief.
Obligation of the Organization
Draw insurance policy Contribute to relief fund set up under the Act
In case of any claims, act as per the orders ofDistrict collector
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Bio-Medical Waste (Management &
Handling) Rules, 1998
These rules will apply to all the persons who
generate, transport, treat and dispose bio-
medical waste in any form.
Bio-medical wastes shall be treated in order tomeet the stipulated quality standards.
An authorization needs to be obtained from
APPCB, by furnishing the details of waste
generated, method of disposal and quality ofeffluents etc.
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Standards applicable to Coal Mining
Industry
BIS-2296,1982: Tolerance limits for inlandsurface waters subject to pollution
BIS-10500,1991: Drinking water standards
GSR-801(E), 1993: General standards fordischarge of environmental pollutantsstipulated by MoEF
GSR-742(E),25.09.2000: EnvironmentalStandards for Coal Mines stipulated by MoEF
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Schedule-I specifies industry specific standards.
Standards for coal mines were stipulated on
25.09.2000.(GSR-742:E)
Air quality standards for coal industry:
1. SPM ( 600 ug/Cu.m for old mines and
500ug/Cu.m for new mines),2. RSPM ( 300 ug/Cu.m for old mines and
250ug/Cu.m for new mines,
3. SO2(120 ug/Cu.m) and
4. NOx (120 ug/Cu.m)
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EFFLUENT STANDARDS:
PH : 5.5- 9.0
Chemical Oxygen Demand (COD) : 250 mg/L
Total Suspended Solids (TSS) : 100 mg/L
200mg/L (in case of land for irrigation)
Oil and Grease : 10 mg/L
NOISE LEVEL STANDARDS:
75 dB(A) - 6.00 AM to 10.00 PM
70 dB(A) - 10.00 PM to 6.00 AM
Occupational exposure limit of noise specified by
DGMS will have to be complied by mines
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CLEARANCE/ PERMISSIONS REQUIRED
FOR ENV. CLEARANCE FOR
A COAL MINING PROJECTS
Sl. No. Various permissions /Clearances
Issuing Authority
1 Public Hearing A pre-requisite for Env. Clearance.
2 Mining Plan Approval Ministry of Coal, GOI.
3 Ground waterclearance
State GroundWater Dept.
4 Forestry Clearance MoEF, GOI.
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5 Divisional Forest
Officer (Forest Dept)
of the concn. area
6 Environmental
Clearance
MoEF, New Delhi
CLEARANCE/ PERMISSIONS REQUIRED FOR GREENFIELD COAL MINING PROJECTS(contd.)
Flora and Fauna
certificate
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As far as Mining is concerned, MoC startedinsisting for EC since mid 80s. EC was only an
administrative requirement till 1994.
MoEF issued EIA Notification in 1994 making
Environmental Clearance mandatory for 30
categories of industries including mining
projects
Prior to 1994 i.e. promulgation of EIA
notification, SCCL has obtained Env. Clearance
(EC) for projects sanctioned by Govt. of India.
ENVIRONMENTAL CLEARANCE (EC)
FOR COAL MINING PROJECTS
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However, in case of Board level projects, NOCwas obtained from APPCB during this period.
Since 1994, SCCL is invariably obtaining NOC /CFE from APPCB and EC from MoEF for all theprojects.
As per EIA notification 1994 / 2006, EC isrequired for every new mining project andproject requiring expansion in lease area orproduction and modernization of activities.
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EIA NOTIFICATION, 2006 FOR
ENVIRONMENTAL CLEARANCE
Salient Features for Mining Projects:3) Categorization of projects
Cat A Comes under Central i.e., MoEF
Cat B comes under State ie., SEIAA
4) Screening, Scoping and Appraisal committees
Central for Cat-A EAC (15 Members)
State for Cat-B SEAC (15 Members)
Term period 3 years
5) Applications for prior Environmental Clearance
Form I along with pre-feasibility report
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EIA NOTIFICATION, 2006 FOR
ENVIRONMENTAL CLEARANCE
Salient Features for Mining Projects:
6) Stages of prior E.C. for New/ Expansion Projects
Stage (1) screening for B projects
Stage (2) Scoping
Stage (3) Public Consultation Stage (4) Appraisal
7) Scoping for Cat A & B
EAC/SEAC determines detailed and
comprehensive Terms of Reference (TOR), forpreparation of Draft EIA and communicate to theapplicant within 60 days.
8)Prepare draft EIA/EMP on the basis of Terms of
Reference (ToR) issued by MoEF.
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EIA NOTIFICATION, 2006 FOR
ENVIRONMENTAL CLEARANCE
Salient Features for Mining Projects:9) Public consultations: (Two parts)Public hearing at the siteObtain responses in writing from otherconcerned
persons having plausible stake.For Public Hearing -
(i) A clear notice of 30 days shall be given.
(ii) District Magistrate (DM)or Addl. DistrictMagistrate
(ADM) assisted by Rep. of SPCB shall superviseand preside over entire Public HearingProceedings.
(iii) Public hearing shall be conducted by SPCBand forward the proceedings to the regulatorybody within 45 days.
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EIA NOTIFICATION, 2006 FOR
ENVIRONMENTAL CLEARANCE
Salient Features for Mining Projects:10)Appraisal:(A) After public consultation make appropriate
changes in
Draft EIA/EMP and submit to MoEF along withfollowing documents
Final EIA Report CD of the Public Hearing Proceedings
A copy of final Lay out Plan A copy of Project Feasibility Report
(B) After submission, Appraisal shall be completedwithin 60 days of application. Communication tothe applicant by Regulatory body within another
45 days. Total 105 days.
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EIA NOTIFICATION, 2006 FOR
ENVIRONMENTAL CLEARANCE
Salient Features for Mining Projects:
11) Validity of EC:
For Mining Projects maximum of 30 years.
12) Post E.C. Monitoring:
Half Yearly Report on 1st June and 1st December
of each calendar year to regulatory authority.
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What is EIA
EIA is an important tool for incorporatingenvironmental concerns at the project level. EIAshould be carried out as early as the projectplanning stage as part of feasibility so that it canassure that the project will be environmentallyfeasible.
The general objectives of the EIA study are toprovide;(i) baseline information about the environmentalsocial, and economic conditions in the project area;
(ii) information on potential impacts of the project
and the characteristic of the impacts, magnitude,distribution, who will be the affected group, andtheir duration;
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(iii) information on potential mitigationmeasures to minimize the impact including
mitigation costs;(iv) to assess the best alternative project at
most benefits and least costs in terms of financial,social, and environment. In addition toalternative location of the project, project
design or project management may also beconsidered; and
(v) basic information for formulatingenvironment management plan.
Environment Management Plan (EMP)
involves implementation of environmentprotection and mitigation measures andmonitoring of significant environment impacts.
ENVIRONMENTAL BASELINE DATA
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ENVIRONMENTAL BASELINE DATA
GENERATIONEnvironmental Baseline data generation is carried out in
and around the project upto 10KM radius from theboundary and include: Micro Meteorological data Air quality Water Quality (Surface & Subsurface) Noise Quality Soil Quality Socio-economic data Land use pattern study
Flora & Fauna.etc., Other Env. attributes Monitored for one complete year consisting offour seasons.
ENVIRONMENTAL BASELINE DATA
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ENVIRONMENTAL BASELINE DATA
GENERATIONMonitoring Frequency:
Micro Meteorological data- 365 days Air quality- Twice in a week for one year
except monsoon Water Quality (Surface & Subsurface)- once in
a season Noise Quality -once in a season Soil Quality -once in a season Socio-economic data- once in year Land use pattern study -once in year
Flora & Fauna study - once in year Other Environmental attributes - once in year
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CONTENTS OF EIA/EMP
Contents of EIA/ EMP of a project is finalised after
finalisation of Terms of Reference (ToR) By Expert Committee Meeting at MoEF, New Delhi Based on Form-I and Pre-feasibility report sent by
the project proponent
However the Major Contents of an EIA/EMP are
1. Introduction Purpose Review of Environmental & process related
legislations applicable to the project. Procedure for obtaining Environmental clearance
2. Project description
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CONTENTS OF EIA/EMP
3. Environment Impact assessment and Management PlanAssess the impacts due to proposed mining activities on
Land use, Land scape, Socio-economics Hydrology and water resources, Water quality Air Quality,Noise & Vibrations Ecology (Flora & fauna) Risks & hazards Public Health and safety. Residual impacts
After assessing the impacts Define and suggest the Environment impact methodology Make an assessment on different project alternatives
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CONTENTS OF EIA/EMPWhat will be the impacts without the project and with the project at
various stages.
Compare impacts with & without project.Analysis of the impacts.Preparation of Environment management plans to minimize the
impacts.Define the goals of the EMP, like increasing the Quality of life,
planning for a better land use, pollution prevention within the statute.
Select the various available mitigative measures for each of theimpacts and chose the preferred alternative
Develop a detailed action plan for implementation of theenvironment management plan.
Assess the various inputs required viz., Machinery, manpower,materials, etc and the financial cost
Provision of regular monitoring schemePeriodical review of the EIA/EMP
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CONTENTS OF EIA/EMP
4.0 Additional studies (Site specific scientificstudies when impacts are of major significance) :
Hydro-geological studies AAQ prediction studies Ground vibration studies
Flora and Fauna studies
Land use studies
Other studies
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CONTENTS OF EIA/EMP
5.0 Public consultation Process
Document the public consultation programme forthe project
Describe the method of public consultation, timingand type of information provided to the public.
Summarize the issues identified by the publicconsultation process including the views of thevarious stakeholders with respect to these issues.
Provide a list of stakeholders identified during thepublic consultation process.
Provide SCCL response to the issues or concernsduring public consultation programme.
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CONTENTS OF EIA/EMP
6.0 Evaluation of Project
Check list of clearances required.
Check List of procedures to be followed.
Check List of documents to be enclosed.
Details of the regulatory agencies for all related statutes.
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Thank
you