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Core Purpose

The Central Government publishes a draft notification proposing further amendments to the Environment Impact Assessment Notification, 2006, for public objections and suggestions.

Detailed Summary

The Ministry of Environment, Forest and Climate Change, on March 5, 2026, issued Notification S.O. 1165(E), publishing a draft notification for public consideration. This draft proposes amendments to the Environment Impact Assessment Notification, 2006 (S.O.1533(E), dated 14th September, 2006), which was previously amended by S.O. 1223(E), dated 17th March, 2025. The proposed changes, made under sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986, read with sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, aim to address delays in the environmental clearance (EC) process caused by non-functional State Environment Impact Assessment Authorities (SEIAAs) and State Expert Appraisal Committees (SEACs). Key amendments include extending the term of SEIAA, EAC, and SEAC to four years; establishing a Standing Authority on Environment Impact Assessment (SAEIA) and a Standing Committee on Environment Impact Appraisal (SCEIA) for each State/UT to act as interim bodies for up to 6 months (extendable by another 6 months) when SEIAA/SEAC are non-functional; deleting the provision for Category 'B' projects being considered at the Central Level in the absence of SEIAA or SEAC; introducing automatic forwarding of EC applications to SCEIA if SEAC does not appraise within 120 days; and automatic forwarding to SAEIA if SEIAA's decision is not communicated within specified periods. The draft also revises Appendix VI, detailing the composition and eligibility criteria for Expert Appraisal Committees (EACs), SEIAAs, and SEACs, requiring qualifications such as MA/MSc/MBA/LLM/B.Tech/B.E./B.Arch degrees and substantial experience (15 years post-qualification or 10 years with Ph.D.) in relevant environmental or management fields. The maximum tenure for a Member/Chairperson is two terms of four years, not exceeding 70 years of age (or 75 with justification). Public objections or suggestions are invited in writing to the Secretary, Ministry of Environment, Forest and Climate Change, New Delhi-110003, or via email to [email protected], within sixty days of the Gazette's availability.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-06032026-270694 EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 1113] NEW DELHI, THURSDAY, MARCH 5, 2026/PHALGUNA 14, 1947 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 5th March, 2026 S.O. 1165(E).— WHEREAS, the Central Government proposes to issue following draft notification in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) and accordingly, the same is hereby published, as required under sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, for the information of the public likely to be affected thereby; and notice is hereby given that the said draft notification shall be taken into consideration on or after the expiry of a period of sixty days from the date on which copies of the Gazette containing this notification are made available to the Public; Any person interested in making any objections or suggestions on the proposal contained in the draft notification may forward the same in writing for consideration of the Central Government within the period so specified to the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New Delhi-110003, or send it at the e-mail address: [email protected]. Draft Notification S.O. (E).- WHEREAS, the Central Government in the erstwhile Ministry of Environment and Forests, in exercise of its powers under sub-section (1) and clause (v) of sub-section (2) of section (3) of the Environment (Protection) Act, 1986 has published the Environment Impact Assessment Notification, 2006 (hereinafter referred to as the said notification), vide number S.O.1533 (E), dated the 14th September, 2006 for mandating prior environmental clearance (EC) for certain category of projects covered in the schedule of the notification; AND WHEREAS, the State Environment Impact Assessment Authorities (SEIAAs) have been constituted in exercise of the powers conferred by sub-section (3) of section 3 of the Environment (Protection) act, 1986 for decentralization of the EC process for expeditious clearances at the State level for category B projects. To assist SEIAAS, State Expert Appraisal Committees (SEACs) are constituted by the Ministry in consultation with the State Governments. AND WHEREAS, the tenure of SEIAA/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 ordinarily initiated six months prior to expiry, however, delays occur due to late or incomplete submission of proposals from States. AND WHEREAS, the matter has been examined in the Ministry. It has been observed that delayed re- constitution of SEIAA leads to 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. AND WHEREAS, the Central Government deems it necessary that the continuity of SEIAA and SEAC be ensured by authorizing a separate standing body as an interim arrangement for the purpose of appraisal of projects/activities and grant of regulatory clearances under EIA Notification 2006, in the absence of a functional authority and till the constitution of new SEIAA/SEAC. AND WHEREAS, the Central Government also deems it necessary that the above said 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 from time to time related to the implementation of the EIA Notification, 2006, as amended from time to time, within the respective State/UT. AND WHEREAS, Appendix VI of the EIA Notification, 2006 provides for the composition of the sector/ project specific Expert Appraisal Committee (EAC) for category A projects and the State/UT Level Environment Impact Assessment Authority (SEIAA), State/UT Level Expert Appraisal Committees (SEACs) for category B projects to be constituted by the Central Government. Based on the experience gathered over the years in constituting EACs and SEIAAS/SEACs, the Ministry deems it necessary to carry out certain amendments in the provisions of the Appendix VI of the EIA Notification, 2006 to further streamline the constitution of EACs and SEIAAS/SEACS. NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986), read with sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following further amendments in the notification of the Government of India in the erstwhile Ministry of Environment and Forests, number S.O.1533(E), dated the 14th September, 2006, namely:- In the said notification,- A. Sub-paragraph (6) of paragraph 3 shall be replaced with the following:- “The term of the SEIAA shall be for a period of four years and it shall be re-constituted upon expiry of its term" B. after sub paragraph (6) of Paragraph 3 following shall be inserted:- "(6a) In addition to the constitution of SEIAA as above, there shall also be a Standing Authority on Environment Impact Assessment (SAEIA) for each State/UT which shall be constituted by the Central Government, under sub-section (3) of section 3 of the Environment (Protection) Act, 1986 and shall comprise of ex-officio Members as deemed appropriate. The SAEIA which shall discharge the functions of SEIAA in the event of SEIAA being non- functional due to expiry of its term or on account of any other circumstances for a maximum period of 6 months in each case subject to another extension of up to maximum period of 6 months. The SAEIA shall also discharge the functions as mentioned at para 8(iiia) and such other tasks as may be entrusted to it by the Central Government from time to time related to the implementation of this notification within the State/UT. The SAEIA may function as per the scenarios mentioned at Appendix VI.” C. in sub paragraph (7) of Paragraph 3 the words "/SAEIA” shall be inserted after the word “SEIAA” D. in sub paragraph (iii) of paragraph 4 the words “In the absence of a duly constituted SEIAA or SEAC, a Category 'B' project shall be considered at the Central Level as a Category 'B' project" shall be deleted. E. Sub-paragraph (c) of paragraph 5 shall be replaced with the following:- "The term of the EAC and SEAC shall be for a period of four years and the EAC/SEAC shall be re-constituted upon expiry of its term" F. after sub paragraph (c) of Paragraph 5 the following shall be inserted:- “(ca) A Standing Committee on Environment Impact Appraisal (SCEIA) for each State/UT shall be constituted by the Central Government comprising of ex-officio Members, which shall discharge the functions of SEAC in the event of SEAC(s) being non-functional due to expiry of its term or on account of any other circumstances for a maximum period of 6 months in each case subject to another extension of up to maximum period of 6 months. The SCEIA shall also discharge such other tasks as may be entrusted to it by the Central Government from time to time related to the implementation of this notification within the State/UT. The SCEIA may function as per the scenarios mentioned at Appendix VI.” G. after sub paragraph (iii) of sub paragraph IV. Stage (4) of paragraph 7(i) the following shall be inserted: - “(iiia) 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 timeframe mentioned at Appendix VI". H. after sub paragraph (iii) of Paragraph 8 following shall be inserted:- "(iiia) In the event that the decision of the SEIAA is not communicated to the applicant within the period specified in sub-paragraphs (i) or (ii) above, as applicable, the proposal shall be automatically forwarded to the Standing Authority on Environment Impact Assessment (SAEIA) through the PARIVESH portal, which shall examine the recommendations of the SEAC or SCEIA, as the case may be, and take a final decision on granting or rejecting the EC for the concerned project within the timeframe mentioned at Appendix VI and shall communicate the final decision to the Project Proponent and also to the concerned SEIAA.” I. Appendix VI shall be replaced with the following:- "APPENDIX VI (See paragraph 3 and 5) A. COMPOSITION AND ELIGIBILITY CRITERIA OF THE SECTOR/ PROJECT SPECIFIC EXPERT APPRAISAL COMMITTEE (EAC) FOR CATEGORY-A PROJECTS AND THE STATE/UT LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA), STATE/UT LEVEL EXPERT APPRAISAL COMMITTEES (SEACS) FOR CATEGORY-B PROJECTS TO BE CONSTITUTED BY THE CENTRAL GOVERNMENT 1. Qualification: i. 5 years of formal education leading to a MA/MSc/MBA/LLM Degree, or prescribed apprenticeship/articleship leading to a qualified Chartered Account, or ii. In case of Engineering /Technology/Architecture disciplines, 4 years formal education in a professional course leading to a B.Tech/B.E./B.Arch. Degree, or iii. Civil Service Officers with 2 years of formal training in a Service Academy. 2. Experience: Any person with the above qualifications along with at least 15 years of subsequent experience, or with Ph.D., along with at least 10 years of total experience in the following fields or /disciplines: i. Environment Quality: Experts in measurement, monitoring, analysis and interpretation of data in relation to environmental quality ii. Sectoral Project Management: Experts in Project Management or Management of Process or Operations or Facilities in the relevant sectors. iii. Environmental Impact Assessment Process: Experts in conducting and carrying out Environmental Impact Assessments (EIAs) and preparation of Environmental Management Plans (EMPs) and other Management plans and who have wide expertise and knowledge of predictive techniques and tools used in the EIA process iv. Risk Assessment V. Life Science (Floral and Faunal Management) / Forestry and Wildlife vi. Environmental Economics with experience in project appraisal vii. Public Administration or Management covering various developmental sectors and environmental issues. 3. The Membership of the EAC/SEAC shall not exceed fifteen Members, including the Member Secretary. However, the Chairperson may co-opt expert(s) for assisting the EAC/SEAC in any particular matter(s). 4. The Chairperson shall be an eminent person having experience in environmental policy or environmental management. 5. The Chairperson shall nominate one of the Members as Vice-Chairperson to preside over the EAC/SEAC in the absence of the Chairperson. 6. A representative of the Ministry of Environment, Forests and Climate Change/State Government shall officiate as Member Secretary of EAC/SEAC respectively. The Central Government, based on the recommendations of the State Government concerned, may replace the Member Secretary of the SEIAA/SEAC, on account of administrative reasons. 7. The maximum tenure a Member, including Chairperson, can serve in any of the EACs/SEACS/SEIAAs, in totality, shall be for two terms of maximum 4 years each, provided they are not more than 70 years of age at the time of appointment. However, in the event of justification provided for non-availability of /paucity of experts in a given field, the maximum age of the Chairperson / Member may be allowed up to 75 years at the time of appointment. 8. The Chairman/Members of the aforesaid Committees and/or Authority namely EAC, SEAC and SEIAA shall not be removed by the Central Government, prior to expiry of the tenure, except on account of proven charges which affect the functioning of the aforesaid 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. B. Functioning of Standing Authority on Environment Impact Assessment (SAEIA) and Standing Committee on Environment Impact Appraisal (SCEIA) +--------+-------------------------------------------------------------------------------------------------------------------------------------+-----------+-------------------+-------------------------------------------------+ | Sl.No. | Scenario | Appraisal | Decision/Approval | Timeframe for decision | +========+=====================================================================================================================================+===========+===================+=================================================+ | 1. | Both SEIAA and SEAC are functional | SEAC | SEIAA | Timeframe provided for | +--------+-------------------------------------------------------------------------------------------------------------------------------------+-----------+-------------------+ SEAC/SEIAA in the notification | | 2. | SEIAA is functional and SEAC is not functional | SCEIA | SEIAA | | +--------+-------------------------------------------------------------------------------------------------------------------------------------+-----------+-------------------+ | | 3. | SEIAA is not functional and SEAC is functional | SEAC | SAEIA | | +--------+-------------------------------------------------------------------------------------------------------------------------------------+-----------+-------------------+ | | 4. | SEIAA and SEAC are both not functional | SCEIA | SAEIA | | +--------+-------------------------------------------------------------------------------------------------------------------------------------+-----------+-------------------+-------------------------------------------------+ | 5. | SEIAA and SEAC are both functional but the application for grant of EC is not appraised by the concerned SEAC within a period of 120 days from the receipt of the completed application for EC with all requisite documents. | SCEIA | SEIAA | 60 days | +--------+-------------------------------------------------------------------------------------------------------------------------------------+-----------+-------------------+-------------------------------------------------+ | 6. | SEIAA and SEAC are both functional but the decision of the SEIAA is not communicated to the applicant within the period specified in sub-paragraphs (i) or (ii) of para 8 of EIA Notification, 2006, as amended. | - | SAEIA | 30 days | +--------+-------------------------------------------------------------------------------------------------------------------------------------+-----------+-------------------+-------------------------------------------------+ Note: Once the SEIAA and/or SEAC becomes functional, the respective projects that are under consideration at the level of SAEIA and/or SCEIA shall be transferred back to the SEIAA and/or SEAC as the case may be. However, in the event of a proposal being appraised once by the SCEIA, or being assessed once by the SAEIA, then the same shall continue to be considered by the concerned SCEIA or SAEIA till the final recommendations of the SCEIA or grant/ rejection of EC proposal by SAEIA. However, in the event of ToR being granted by the SAEIA, the proposal may be considered for grant of EC by the SEIAA and SEAC, if they are functional else the same shall be considered in accordance with the decision-matrix mentioned above. [F. No. IA3-22/21/2025-IA.III] RAJAT AGARWAL, Jt. Secy. Note: The principal notification was published in the Gazette of India, Extraordinary Part-II, Section 3, Sub-section (ii) vide, number S.O. 1533(E), dated the 14th September, 2006 and last amended vide the notification number S.O. 1223(E), dated the 17th March, 2025.

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