What are Public Hearings?
Public hearings are those hearings which are required under the law before a sanction is given by the Government in respect of any project which falls under the 29 categories of activities (Annexure 3) which require environmental clearance from the Ministry of Environment and Forests, Government of India (MoEF).
Public Hearings are a mandatory requirement under the law, and provide an opportunity for the public to get to know about the coming up of any new project falling under the 29 categories of activities requiring environmental clearance of the MoEF,GOI, and also an opportunity where the concerns, suggestions, views, comments and objections of the public are heard by the public hearing panel.
What is the legal sanctity of a Public Hearing?
The EIA (Environmental Impact Assessment) Notification of January 27,1994 has been amended on April 10, 1997. By this amendment, a Public Hearing is mandatory for all the 29 categories of activities which require environmental clearance from the MoEF.
What are the various stages involved in conducting a Public Hearing?
Stage 1
The State Pollution Control Board (SPCB) shall cause a notice of Environmental Public Hearing by publishing the same in at least two newspapers widely circulated in the region around the project, one of which shall be in the vernacular language of the locality concerned.
Stage 2
The State Pollution Control Board (SPCB) shall mention the date, time and the venue of the public hearing and also the name and address of the industry/unit proposed to come up for which a clearance is sought.
Stage 3
From the date of publication of the Notification, 30 days time is provided to the public inviting their suggestions, views, comments and objections to the said project.
Stage 4
The public are provided access to the executive summary of the Environmental Impact Assessment project during this one month period at the following places:
The actual public hearing is conducted as per the date, time and venue mentioned in the notification where the concerns of the public are heard by the Public Hearing Panel constituted for the purpose.
Can any member of the public participate in a Public Hearing?
Though the provision mentioned under sub-paragraph [ii] of paragraph 2 of Schedule 4 of EIA Notification says that all persons, including bonafide residents, environmental groups and others located at the project site/sites of displacements /sites likely to be affected can participate in the public hearing, the explanation provided in the same paragraph explains the word “person” as
Who are the members of a Public Hearing Panel?
The members of a public hearing panel are:
Public hearings are those hearings which are required under the law before a sanction is given by the Government in respect of any project which falls under the 29 categories of activities (Annexure 3) which require environmental clearance from the Ministry of Environment and Forests, Government of India (MoEF).
Public Hearings are a mandatory requirement under the law, and provide an opportunity for the public to get to know about the coming up of any new project falling under the 29 categories of activities requiring environmental clearance of the MoEF,GOI, and also an opportunity where the concerns, suggestions, views, comments and objections of the public are heard by the public hearing panel.
What is the legal sanctity of a Public Hearing?
The EIA (Environmental Impact Assessment) Notification of January 27,1994 has been amended on April 10, 1997. By this amendment, a Public Hearing is mandatory for all the 29 categories of activities which require environmental clearance from the MoEF.
What are the various stages involved in conducting a Public Hearing?
Stage 1
The State Pollution Control Board (SPCB) shall cause a notice of Environmental Public Hearing by publishing the same in at least two newspapers widely circulated in the region around the project, one of which shall be in the vernacular language of the locality concerned.
Stage 2
The State Pollution Control Board (SPCB) shall mention the date, time and the venue of the public hearing and also the name and address of the industry/unit proposed to come up for which a clearance is sought.
Stage 3
From the date of publication of the Notification, 30 days time is provided to the public inviting their suggestions, views, comments and objections to the said project.
Stage 4
The public are provided access to the executive summary of the Environmental Impact Assessment project during this one month period at the following places:
1) District Collector’s office
2) District Industry Centre
3) Office of the Chief Executive Officers of the Zilla Parishad or Commissioner of the Municipal Corporation / Local body as the case may be
4) Head office of concerned State Pollution Control Board and its concerned Regional Office
5) Department of State Government dealing with the subject of Environment.
Stage 52) District Industry Centre
3) Office of the Chief Executive Officers of the Zilla Parishad or Commissioner of the Municipal Corporation / Local body as the case may be
4) Head office of concerned State Pollution Control Board and its concerned Regional Office
5) Department of State Government dealing with the subject of Environment.
The actual public hearing is conducted as per the date, time and venue mentioned in the notification where the concerns of the public are heard by the Public Hearing Panel constituted for the purpose.
Can any member of the public participate in a Public Hearing?
Though the provision mentioned under sub-paragraph [ii] of paragraph 2 of Schedule 4 of EIA Notification says that all persons, including bonafide residents, environmental groups and others located at the project site/sites of displacements /sites likely to be affected can participate in the public hearing, the explanation provided in the same paragraph explains the word “person” as
a) Any person who is likely to be affected by the grant of environ-mental clearance
b) Any person who owns or has control over the project with respect to which an application has been submitted for environ-mental clearance
c) Any association of persons whether incorporated or not likely to be affected by the project and / or functioning in the field of environment
d) Any local authority within any part of whose local limits is within the neighbourhood wherein the project is proposed to be located.
Therefore, because of the explanation, only those who fall within the categories (a) to (d) can participate in a public hearingb) Any person who owns or has control over the project with respect to which an application has been submitted for environ-mental clearance
c) Any association of persons whether incorporated or not likely to be affected by the project and / or functioning in the field of environment
d) Any local authority within any part of whose local limits is within the neighbourhood wherein the project is proposed to be located.
Who are the members of a Public Hearing Panel?
The members of a public hearing panel are:
- Representative of State Pollution Control Board
- District Collector or his nominee
- Representative of State Government dealing with the subject of Power
- Representative of Department of State Government dealing with Environment
- Not more than three representatives of the local bodies such as Municipalities or Panchayats
- Not more than three senior citizens of the area nominated by the District Collector.
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