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UNIT-VI
Syllabus:
EIA notification by Ministry of Environment and Forest (Govt. of India):
Provisions in the EIA notification, procedure for environmental clearance,
procedure for conducting environmental impact assessment report- evaluation
of EIA report. Environmental legislation objectives, evaluation of Audit data and
preparation of Audit report. Post Audit activities, Concept of ISO and ISO 14000.
Case studies and preparation of Environmental Impact assessment statement
for various Industries.
1. What is an Environmental audit? Explain it’s scope and objectives.
An environmental audit (EA) is a systematic, independent internal review to
check whether the results of environmental work tally with the targets. It
studies whether the methods or means used to achieve the goals or ends are
effective. EA involves studying documents and reports, interviewing key people
in the organization, etc., to assess the level of deviations between targets and
results.
It is defined as a systematic and documented verification process of
objectively obtaining and evaluating evidence to determine whether an
organization’s EMS conforms with audit criteria set by the organization, and
for communicating the results of this process to management (ISO 14001).
Environmental audits are being used as a tool and an aid to test the
effectiveness of environmental efforts at local level. They can be carried out
for a number of reasons including the following:
 To verify compliance.
 To review implementation of policies.
 To identify liabilities.
 To review management systems.
 To identify needs, strengths and weaknesses.
 To assess environmental performance
 To promote environmental awareness.

The scope of an environmental audit can fall under either of the following
two options:
1. To limit scope of the audit to an assessment only of the degree of
compliance with policies, requirements-type documents and procedures.

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2. To assess the adequacy of the policies, requirements-type documents and
procedures to begin with and, given their adequacies, to assess the degree
to which compliance with these documents is achieved.
The argument for limiting the audit scope only to the assessment of
compliance is that the policies, requirements-type documents, and
procedures have been developed and approved by the key affected
technical and managerial personnel. The audit objectives, however, should
be both to assess the degree of compliance with policies, requirement
documents, and procedures and to assess their adequacy as well, with the
following constraints:
1. When a function, process or area is subject to frequent, periodic audit,
it need not address the adequacy of the environmental program. The
large majority of the audits should address only the degree of
implementation compliance with, and the adequacy of the program.
2. When the adequacy of the program is to be addressed, there should be
a higher-level overview by the management of the auditing
organization, i.e., an overview of any findings related to programmatic
inadequacy.
3. The purpose of this overview should be to assure that either each issue
is fresh or each issue warrants a revisit before putting other units of the
organization through the perturbation of addressing the issues The
scope of an environmental audit can fall under either of the following
two options:

The objectives of an environmental audit are to evaluate the efficiency and

efficacy of resource utilization (i.e., people, machines and materials), to
identify the areas of risk, environmental liabilities, weakness in management
systems and problems in complying with regulatory requirements and to
ensure
the control on waste/pollutant generation. The areas an environmental audit
deals with can be categorized as under:
1. Design specification and layout: While setting up an industry, adequate
provisions are made in the design specification and layout to augment the
production capacity but corresponding provisions to meet the
environmental criteria are often overlooked. Adequate provisions are,
therefore, necessary to upgrade pollution control measures to meet the
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future environmental standards that are getting stringent day by day. The
audit will help in identifying specific areas of concern to meet the future
requirements of environmental measures.
2. Resource management: The resources include air, water, energy and other
raw materials. The audit will provide data to the management on the
efficient use of the resources per unit production, and, thereby, help
reduce resource consumption and waste minimization.
3. Pollution control systems and procedures: The audit helps ensure that the
systems and procedures governing the environmental activities/operations
of pollution control equipments are rightly followed and determine the
efficiency of the system in identifying conditions and inviting corrective
actions in a timely and effective manner.
4. Emergency plans and response/safety system: As the emergency plans
more often than not remain in the safe custody of senior management,
staff may not have immediate access to the right action during an
emergency. The problem becomes acute when new persons are
employed/deployed. The review of the emergency response system will
ensure adequate knowledge, alertness and readiness of the staff
concerned to effectively face an emergency.
5. Medical and health facilities/industrial hygiene and occupational health:
The productive element of an industry is dependent on the health of its
human resources. The primary facilities to suit the occupational needs of
the industry are, therefore, vital. Audit in this regard will provide an insight
into the actual requirements to warn suitable orientation of existing
facilities.
6. Confirmation to regulatory requirement: The regulatory mechanism of
environmental compliance is gradually becoming more and more
comprehensive. New regulations and standards are being stipulated at
such a pace that they render the existing systems archaic. Factory
managers may not be fully aware of the latest requirements and this will
make the top management/owners vulnerable for prosecution under
various environmental acts. An audit helps compare the existing status
with the stipulation and standards prescribed by various agencies and
ensure compliance.

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2. What are the different types of Environmental audit?
There are two main types of environmental audits, i.e., objective-based and
client-driven.
Objective-based types:
As mentioned earlier, environmental audit covers assessment of any
activity that impinges on the environment. The scope and objectives of the
audit more usefully distinguish different audit categories and how the audit
results are to be used. However, you must note that objectives and scope are
often a combination of several audit types and are usually defined on a case-
by-case basis. Organizations have developed audit programs to fit their
particular needs. Based on objectives, environmental audits can be
categorized as under:
1. Liabilities audit: Compliance audit, operational risk audit, acquisition audit
and health and safety audit form liabilities audit. These are often
conducted as a prelude to gaining insurance cover and as a means of
demonstrating the regulatory compliance. Compliance auditing is probably
the most common form of environmental audits; it is a verification process
whereby the facility establishes the extent to which it is complying with
environmental legislations, regulations, emission limits, etc. Operational
risk concentrates on the potential frequency and consequences of
environmentally damaging activities in the raw material and product
storage/handling and manufacturing process. Compliance with regulations
does not necessarily reduce liability due to operational risks. Acquisition
audits assess the liability due to contaminated and building remediation
costs. Health and safety audits normally form part of health, safety and
environment(HSE) audit and involve assessment of adequacy of personal
protective equipment (e.g., safety shoes, goggles, helmets, etc.),
emergency preparedness and disaster management plans.
2. Management audit: Corporate audit, system audit, policy audit and issues
audit form management audit. These pay considerable attention to
management systems as they guide the efficient and effective running of
the operations. A corporate audit is initiated by the main Board of a parent
company and is concerned with organization structure, roles and
responsibilities, policy implementation, awareness and communications
with a subsidiary. This is carried out as are assurance to the main Board
that its aims and objectives are being implemented throughout the
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corporate structure. Management system audits are carried out to check
the systems against the policy and standards such as British Standard 7750
or ISO 14001. Policy audit is carried out to review and reassess there
levance of policy in light of developments (legal, technical, financial) within
the organization and outside. Issues audit is carried out to establish
environmental management plan and targets.
3. Activities audit: Site audit, waste audit, product audit and cross-boundary
audit form activities audit. These cover auditing of select technical and
management issues. Environmental site audit examines all aspects of the
facilities performance with respect to the environment. It combines most
of the elements of other types of EA and, when undertaken in depth,
involve considerable time and cost. The waste audits are of two types. The
first identifies and quantifies waste streams and is a precursor to waste
minimization programs. The second type assesses waste management
practices and procedures. Product audits cover several aspects of their
environmental impacts through design, manufacture, use and disposal.
Such audits are prerequisites for identifying environmentally friendly
products for “Green Labelling”. Cross boundary audits assess activities,
which cut across departments or business units (e.g., transport and supply
chain audits)
Client-driven types:
The different types of audits are based on the client, who has
commissioned or ordered the audit procedure:
1. Regulatory external audit: This often entails an examination carried out by
or for an environmental regulatory agency, with the goal of ensuring that a
facility is meeting the relevant legislation and regulations. The regulatory
agency can use the methodology of audit as a tool to systematically
enhance its overview, including the possibility of verifying the accuracy of
any reports, which a company is required to submit to the authority.
2. Independent external audit: This is conducted by external auditors
entitled to perform audits. As the environmental factors have gained
importance for a firm's market relations, shareholders such as banks and
investment funds, insurance companies, environmental groups, potential
buyers, customers, local government and environmentally aware citizens
are demanding independent external audits to assess how the firm deals
with environmental issues.
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3. Internal environmental audit: This often involves an inquiry commissioned
by management. In practice, such audits are commonly ordered by senior
management located at some distance, in both physical and operational
senses, from the factory or site of environmental concern. In such cases,
the environmental audits are internal in that the results will remain within
the organization. However, for the facility under investigation, the internal
audit will have the same effect as an external audit. One reason why firms
conduct internal environmental audits is to diminish their liability to pay
fines, damages or clean-up costs as the result of breaking the law (e.g.,
releasing more emissions than permitted).
4. Third party audits: These represent the audits certifying organizations
carry out to verify as to whether internal/external audits meet the
standards set.
3. What is the general methodology for Environmental audit?
Basic structure of EA:
Though different production facilities and activities, audit orders and
types of audits place different requirements on the structure of an audit,
there are certain elements, which should be present in any effective
environmental audit program. These common elements include:
1. Explicit top management support for environmental audit and
commitment to follow-up on audit findings.
2. An environmental audit function independent of audited activities.
3. Adequate team staffing and auditor training.
4. Explicit audit program objectives, scope, resources and frequency.
5. A process, which collects, analyses, interprets and documents information
sufficient to achieve audit objectives.
6. A process, which includes specific procedures to promptly prepare candid,
clear and appropriate written reports on audit findings, corrective actions
and schedules for implementation.
7. A process, which includes quality assurance procedures to assure the
accuracy and thoroughness of environmental audits.
Steps in Environmental Auditing:
The four general steps involved in an audit procedure are:
1. Audit preparation: This includes choice of auditor/audit group, collection
of background material and planning of the audit orientation. Audit
preparation is crucial in determining the methodology, practical tools and
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materials that will be required for the completion of the audit. In many
cases, the available materials such as manuals, questionnaires, etc., may
not be well suited to the type of activity that is to be audited, or the type
of audit that is performed. This means that part of the preparatory
activities may have to involve development of audit-specific tools or
further development of existing materials and tools. In such cases, this may
require a preliminary review of the facility or activities to map out specific
details and requirements to be observed in the development of the
particular tools.
2. A systematic scrutiny or review of a facility: Depending on the orientation
and goals of the audit, the focus of the scrutiny differs. For example, an
environmental audit can be conducted without dealing with the processes
involved in production. However, an audit, which is considered part of a
program of preventive environmental protection, needs to deal with the
production processes and material flows. Common to all audits is an
analysis and evaluation of the information that has been obtained and an
analysis of the outcome vis-a-vis the goals and expectations of the initiator
of the audit. This helps in identifying the areas of improvement.
3. Reporting: This step involves reporting of observation of deficiencies and
possible alternatives. It is important to be aware that an environmental
audit by itself does not solve any problems. In fact, during the work on the
audit, it may appear that the environmental problem is increasing because
the audit process brings to attention the hither to unknown problems or
deficiencies. Audits often point to the need for the changes in organization
and improvements in education, increased environmental responsibility,
and investments in new equipment and environmental protection
technology. An important pre-condition for the success of an audit,
especially if it is internally initiated, is that everyone is prepared to accept
the consequences and take steps to solve the deficiencies and problems,
which the audit may reveal. Thus, the persons whose areas of
responsibility have been the object of scrutiny must make decisions and
have plans in place to eliminate the problems.
4. Follow up: Following up of the results is an important part of the audit
process. An evaluation of the results of the remedial actions is a logical
step. This can be done either as part of the subsequent audit or as part of a
continuing process of enhancing environmental protection procedures.
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However, we must note that mere following up on the results may result in
a control routine and a stagnation in work on environmental problems. It
is, therefore, important that a follow up process also analyses the
methodology and orientation of the previous audits to ensure that it
remains a dynamic factor.

4. What are the different stages of Environmental Audit?

A. In the practice and procedure of Environmental Audit refers to 3 major stages
which involves Collection, Analysis, Interpretation and Presentation of various
measures to evaluate the practice by any auditing of environment. Those are
names as;

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1. Pre-audit stage: The first stage is agreeing and establishing the metrics
involved and deciding on what environmental measures will be included in
the audit. Involves;
 full management commitment;
 setting overall goals, objectives, scope and priorities;
 selecting a team to ensure objectivity and professional competence;
2. Audit stage: The second stage is measuring actual performance against the
metrics set in the first stage. The means of measurement will usually depend
upon the metric being measured. Whilst many items will be capable of
numerical and/or financial measurement (such as energy consumption or
waste production), others, such as public perception of employee
environmental awareness. Involves;
 on-site audit, well defined and systematic using protocols or checklists;
 review of documents and records;
 review of policies;
 Interviews;
 site inspection;
3. Post- audit stage: The third stage is reporting the levels of compliance or
variances. The issue here is how to report the information and how widely to
distribute the report. The information demands of local communities and
investors may well differ in their appetite for detail and the items being
disclosed. Involves;
 evaluation of findings;
 reporting with recommendations;
 preparation of an action plan; and
 Follow-up
5. Write a short note on environmental legislation.
A. The genesis of various legislations in the country lies in the environmental
problems. There should be effective legislations to protect the environment
or else the need for resources by the growing population will create havoc on
the environment. The other important aspect is enforcement of these laws.
To safeguard our environment from further degradation and pollution these
must be enforce laws forcefully and effectively.
Need for legislation:
In the recent past, numerous environmental problems have become
threatening for human welfare. An important aspect of environmental problems
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is that their impact is not confined to the source area but spills over far and wide
area.
Effective legislation is needed in order to prevent misuse and degradation of
the environment. To curb the destructive practices of unscrupulous people,
forest mafia groups, poachers, polluters and over exploitation of environmental
resources, effective legislation is necessary. Pollution is an important factor and
it does not observe political territories or legislative jurisdictions. Thus
environmental problems are intrinsically global in nature. Therefore, to prevent
such problems environmental legislation is not needed only at the national level
but also at the international level.
6. Write in detail about “The Water (Prevention and Control of Pollution) Act
of 1974 and Amendment, 1988”.
A. The main objective of this act is to provide prevention and control of water
pollution and maintaining or restoring of wholesomeness and purity of water
(in the streams or wells or on land). Some important provisions of this Act are
given below:
1. The Act vests regulatory authority in State Pollution Control Boards and
empowers these Boards to establish and enforce effluent standards for
factories discharging pollutants into water bodies. A Central Pollution
Control Board performs the same functions for Union Territories and
formulate policies and coordinates activities of different State Boards.
2. The State Pollution Control Boards control sewage and industrial effluent
discharges by approving, rejecting or impose conditions while granting
consent to discharge.
3. The Act grants power to the Board to ensure compliance with the Act by
including the power of entry for examination, testing of equipment and
other purposes and power to take the sample for the purpose of analysis
of water from any stream or well or sample of any sewage or trade
effluents.
4. Prior to its amendment in 1988, enforcement under the Water Act was
achieved through criminal prosecutions initiated by the Boards, and
through applications to magistrates for injunctions to restrain polluters.
The 1988 amendment strengthened the Act’s implementation the
pollution provisions. Board may close a defaulting industrial plant or
withdraw its supply of power or water by an administrative order; the

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penalties are more stringent, and a citizen’s suit provision supports the
enforcement machinery.

7. Write in detail about “The Air (Prevention and Control of Pollution)Act of

1981 and amendment,1987”.
A. To implement the decisions taken at the United Nations Conference on the
Human Environment held at Stockholm in June 1972, Parliament enacted the
nationwide Air Act. The main objectives of this Act are to improve the quality
of air and to prevent, control and abate air pollution in the country.
Important provisions of this Act are given below:
1. The Air Act’s framework is similar to that of the Water Act of 1974. To
enable an integrated approach to environmental problems, the Air Act
expanded the authority of the central and state boards established under
the Water Act, to include air pollution control.
2. States not having water pollution boards were required to set up air
pollution boards.
3. Under the Air Act, all industries operating within designated air pollution
control are as must obtain a “consent” (permit) from the State Boards.
4. The states are required to prescribe emission standards for industry and
automobiles after consulting the central board and noting its ambient air
quality standards.
5. Act granted power to the Board to ensure compliance with the Act
including the power of entry for examination, testing of equipment and
other purposes and power to take the sample for the purpose of analysis
of air or emission from any chimney, fly ash or dust or any other outlet in
such a manner as may be prescribed.
6. Prior to its amendment in 1987, the Air Act was enforced through mild
court administered penalties on violations. The 1987 amendment
strengthened the enforcement machinery and introduced stiffer penalties.
Now, the boards may close down a defaulting industrial plant or may stop
its supply of electricity or water. Aboard may also apply to the court to
restrain emissions that exceed prescribed limits. Notably, the 1987
amendment introduced a citizen’s suit provision into the Air Act and
extended the Act to include noise pollution.
8. Write in detail about “The Environment (Protection)Act of 1986”.
A. In the wake of the Bhopal tragedy, the government of India enacted the
Environment (Protection) Act of 1986. The purpose of the Act is to implement
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the decisions of the United Nations Conference on the Human Environment
of 1972, in so far as they relate to the protection and improvement of the
human environment and the prevention of hazards to human beings, other
living creatures, plants and property. The Act is an “umbrella” for legislations
designed to provide a framework for Central Government, coordination of
the activities of various central and state authorities established under
previous Acts, such as the Water Act and the Air Act. In this Act, main
emphasis is given to “Environment”, defined to include water, air and land
and the inter-relationships which exist among water, air and land and human
beings and other living creatures, plants, micro-organisms and property.
“Environmental pollution” is the presence of pollutant, defined as any solid,
liquid or gaseous substance present in such a concentration as may be or may
tend to be injurious to the environment.“Hazardous substances” include any
substance or preparation, which may cause harm to human beings, other
living creatures, plants, microorganisms, property or the environment. The
main provisions of this Act are given below: Section 3 (1) of the Act empowers
the centre to “take all such measures as it deems necessary or expedient for
the purpose of protecting and improving the quality of the environment and
preventing, controlling and abating environmental pollution”. Specifically, the
Central Government is authorized to set new national standards for the
quality of the environment (ambient standards) as well as standards for
controlling emissions and effluent discharges; to regulate industrial locations,
to prescribe procedures for managing hazardous substances; to establish
safeguards preventing accidents, and to collect and dismantle
information regarding environmental pollution.
1. By virtue of this Act, Central Government has armed itself with
considerable powers which include, coordination of action by state,
planning and execution of nationwide programs, laying down
environmental quality standards, especially those governing emission or
discharge of environmental pollutants, placing restriction on the location
of industries and so on.
2. The coverage of powers include handling of hazardous substances,
prevention of environmental accidents, inspection of polluting units,
research, establishment of laboratories, dissemination of information, etc.
3. The Environment (Protection)Act was the first environmental legislation to
give the Central Government authority to issue direct orders, included
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orders to close, prohibit or regulate any industry, operation or process or
to stop or regulate the supply of electricity, water or any other service to
an industry, operation and process. Another power granted to the Central
Government was to ensure compliance with the Act which included the
power of entry for examination, testing of equipment and other purposes
and power to analyze the sample of air, water, soil or any other substance
from any place.
4. The Act explicitly prohibits discharges of environmental pollutants in
excess of prescribed regulatory standards. There is also a specific
prohibition against handling hazardous substances except those in
compliance with regulatory procedures and standards. Persons responsible
for discharge of pollutants in excess of prescribed standards must prevent
or mitigate the pollution and must also to report the governmental
authorities.
5. The Act provides provision for penalties. Any person who fails to comply
with any of the provisions of the Act, or the rules, orders, or directions
issued under the Act shall be punished. For each failure or contravention
the punishment included a prison term up to five years or fine up to Rs. 1
lakh, or both. The Act imposed an additional fine of up to Rs. 5,000 for
every day of continuing violation. If a failure or contravention, occurs for
more than one year after the date of conviction, an offender may punished
with imprisonment term, which may be extend to seven years.
6. The Environment (Protection) Act contains significant innovations for its
enforcement, not contained in any other pollution control legislation at the
time of the Act’s adoption. Section 19 provides that any person, in addition
to authorized government officials, may file a complaint with a court
alleging an offence under the Act. This “Citizen’s Suit” provision requires
that the person has to give notice of not less than 60 days of the alleged
offence of pollution to the Central Government or the competent
authority. Under the Act, the Central Government may, by notification in
the office Gazette, make rules for the enforcement of the Act.
9. Write in detail about “The Wild Life (Protection) Act of 1972 and
Amendment, 1982”.
A. In 1972, Parliament enacted the Wild Life Act (Protection) Act. The Wild Life
Act provides for state wildlife advisory boards, regulations for hunting wild
animals and birds, establishment of sanctuaries and national parks,
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regulations for trade in wild animals, animal products and trophies, and
judicially imposed penalties for violating the Act. Harming endangered species
listed in Schedule 1 of the Act is prohibited throughout India. Hunting species,
like those requiring special protection (Schedule II), big game (Schedule III),
and small game (Schedule IV), is regulated through licensing. Few species
classified as vermin (Schedule), may be hunted without restrictions. Wildlife
wardens and their staff administer the act. An amendment to the Act in 1982,
introduced a provision permitting the capture and transportation of wild
animals for the scientific management of animal population. India is a
signatory to the Convention of International Trade in Endangered Species of
Fauna and Flora (CITES, 1976). Under this convention, export or import of
endangered species and their products are governed by the conditions and
stipulations laid down there in. Indian government has also started some
conservation projects for individual endangered species like Hungal (1970),
Lion (1972), Tiger (1973), Crocodiles (1974), Brown-antlered Deer (1981) and
Elephant (1991-92).

10. Write in detail about “The Forest (Conservation) Act of 1980”.

A. The Forest (Conservation)Act of 1980:
First Forest Act was enacted in 1927.This is one of the many surviving
colonial legislations. It was enacted to consolidate the law related to forest,
the transit of forest produce and the duty livable on timber and other forest
produce. Subsequently, the Forest (Conservation) Act was promulgated in
1980 to make certain reforms over the preceding Act of 1927. The 1927 Act
deals with the four categories of the forests, namely reserved forests, village
forests, protected forests and private forests.
A state may declare forestlands or waste lands as reserved forest and may
sell the produce from these forests. Any unauthorized felling of trees
quarrying, grazing and hunting in reserved forests is punishable with a fine or
imprisonment, or both reserved forests assigned to a village community are
called village forests. The state governments are empowered to designate
protected forests and may prohibit the felling of trees, quarrying and the
removal of forest produce from these forests. The preservation of protected
forests is enforces through rules, licenses and criminal prosecutions. Forest
officers and their staff administer the Forest Act.
Alarmed at India’s rapid deforestation and resulting environmental
degradation, Centre Government enacted the Forest (Conservation)Act
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in1980. Under the provisions of this Act, prior approval of the Central
Government is required for diversion of forestlands for non-forest purposes.
An Advisory Committee constituted under the Act advises the Centre on
these approvals.
Q11: Write in detail about “Biodiversity Act 2000”. What are the Salient
features of the biodiversity legislation?

India’s richness in biological resources and indigenous knowledge relating to

them is well recognized. One of the major challenges is in adopting an
instrument which helps realize the objectives of equitable benefit sharing
enshrined in the Convention. Towards this, legislation on biodiversity was
developed following an extensive consultative process. The legislation aims at
regulating access to biological resources so as to ensure equitable sharing of
benefits arising from their use. The Biological Diversity Bill, which was
introduced in the Parliament on 15th May, 2000, was referred to the
department related Parliamentary Standing Committee for Science,
Technology, Environment and Forests for examination and report. After
examination of witnesses and recording evidences, the Standing Committee
approved the Bill with some amendments. The Cabinet approved the
proposal for moving the official amendments based upon the
recommendations of the Committee. The Biological Diversity Bill 2002 has
been passed by the Lok Sabhaon 2nd December, 2002 and by the Rajya Sabha
on 11th December, 2002.
Salient features of the biodiversity legislation: The main intent of this
legislation is to protect India’s rich biodiversity and associated knowledge
against their use by foreign individuals and organizations without sharing the
benefits arising out of such use, and to check bio piracy. The Act provides for
setting up of a National Biodiversity Authority (NBA), State Biodiversity
Boards (SBBs) and Biodiversity Management Committees (BMCs) in local
bodies. NBA and SBB are required to consult BMCs in decisions relating to use
of biological resources or related knowledge within their jurisdiction and
BMCs are to promote conservation, sustain able use and documentation of
biodiversity.
All foreign nationals or organizations require prior approval of NBA for
obtaining biological resources and associated knowledge for any use. Indian
individuals/entities require approval of NBA for transferring results of
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research with respect to any biological resources to foreign
nationals/organizations. Collaborative research projects and exchange of
knowledge and resources under these projects are exempted provided they
are drawn as per the policy guidelines of the Central Government and have its
approval the objectives of conservation, sustainable use and benefit sharing.
However, Indian citizens/entities/local people including vaids and hakims to
have free access to use biological resources within the country for their own
use, medicinal purposes and research purposes. While granting approvals,
NBA will impose terms and conditions to secure equitable sharing of benefits.
Before applying for any form of IPRs (Intellectual Property Rights) in or
outside India for an invention based on research or information on a
biological resource obtained from India, prior approval of NBA will be
required. There is an enabling provision foresting up a framework for
protecting traditional knowledge. The monetary benefits, fees, royalties as a
result of approvals by NBA to be deposited in National Biodiversity Fund,
which will be used for conservation and development of areas from where
resource has been accessed, in consultation with the local self-government
concerned. There is provision for notifying National Heritage Sites important
from standpoint of biodiversity by State Governments in consultation with
local self-government. There also exists provision for notifying items, and
areas for exemption provided such exclusion does not violate other
provisions. This is to exempt normally traded commodities so as not to
adversely affect trade.
This bill seeks to check bio piracy, protect biological diversity and local
growers through a three-tier structure of central and state boards and local
committees. These will regulate access to plant and animal genetic resources
and share the benefits. The proposed National Biodiversity Authority (NBA)
will deal with all cases of access by foreigners. Its approval will be required
before obtaining any intellectual property right on an invention based on a
biological resource from India, or on its traditional knowledge. It will oppose
such rights given in other countries. The NBA will enjoy the power of a civil
court. In addition, centre may issue directives to state if it feels a naturally
rich area is threatened by overuse, abuse or neglect.
Q12: What is the procedure for environmental clearance for any projects?
The following diagram represents the steps in environmental clearance.

Raghu Institute of Technology Dept.of CIVIL EIAM Unit VI

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Raghu Institute of Technology Dept.of CIVIL EIAM Unit VI