My industrial project in Thrissur requires environmental clearance; what is the process and what categories apply under the EIA Notification?
NI Asked by Nitin Khanna from India
Quick Answer
Environmental clearance is required under the Environmental Impact Assessment (EIA) Notification, 2006, issued under the Environment (Protection) Act, 1986, for projects falling in specified categories.
Detailed Legal Analysis
Environmental clearance is required under the Environmental Impact Assessment (EIA) Notification, 2006, issued under the Environment (Protection) Act, 1986, for projects falling in specified categories. Category A projects require clearance from the Ministry of Environment, Forest and Climate Change, while Category B projects require clearance from the State Environment Impact Assessment Authority (SEIAA).
The process involves submission of Form-1, a pre-feasibility report, a public hearing, and an Environmental Impact Assessment report. The Expert Appraisal Committee evaluates the proposal and recommends clearance with conditions.
You may approach the Kerala High Court under Article 226 if the clearance is arbitrarily denied. The Kerala Rent Control Act 1963 on environmental regulation and the Kerala Rent Control Act 1963 on coastal zone management may have additional requirements.
Non-compliance with clearance conditions attracts revocation and penalties.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.