Current Institutional Setup for Environmental Protection
The Union Ministry of Environment and Forests (MoEF), Government of India, under the Environmental (Protection) Act 1986, distributed a notification of EIA on 27 January 1994 making Environmental Clearance (EC) compulsory for the modernization or development of any activity or for the establishment of new projects that have been listed in Schedule 1 of the notification. Schedule I constructs standards of emissions or the release of environmental pollutants from different processes, industries or operations as well as the maximum acceptable limits of concentration. Since 1994, twelve amendments have been made in the EIA notification so far. In September 2006, the MoEF updated new notified EIA legislation. Under the notification, it is mandatory to get environmental clearance for different projects, for instance, mining, thermal power plants, industries and infrastructure (ports, roads and airports) comprising very small foundry or electroplating units. According to a new legislation, unlike the EIA Notification of 1994, the responsibility of clearing projects has been laid on the state governments according to the capacity/size of the project.
The EIA Notification, 1994
As has been already stated, the process of environment impact was included in the Indian legal system in 1994 when notification of EIA had come into existence for the very first time. The main function of the notification was to make