Circular published by MoEF&CC, New Delhi on dated 17^th February 2020.

Important things of the circular of ToR Validity:

As per Amendment  EIA notification 2006, In paragraph 7, in sub paragraph 7(i) for  sub-heading  II Stage (2)-Scoping and entries relating thereto, the following shall be substituted, namely:-

 II. Stage (2)-Scoping:

 1.“Scoping” refers to the process to determine detailed and comprehensive Terms of Reference (ToR) addressing all relevant environment concerns for the preparation of an Environmental Impact Assessment and Environment Management Report in respect of the project or activity for which Prior Environmental Clearance is sought.

2.All projects or activities listed under Category “B2” of the schedule shall not require Scoping.

3.Sector specific Standard Terms of References developed by the Ministry of Environment, Forest and Climate Change, from time to time shall be displayed on its website.

4.The Standard Terms of References shall be issued to the following projects or activities through online mode, on acceptance of application within 7 working days, without referring to EAC or SEAC by the Ministry or SEIAA, as the case may be:

• All Highway projects in Border States covered under entry (i) and (ii) of column (3) and (4) against item 7(5 of the Schedule;
• All projects or activities proposed to be located in industrial estates or parks (item 7(C) of the Schedule) approved by the concerned authorities, and which are not disallowed in such approvals; and
•  All expansion proposals of existing projects having earlier Prior Environmental Clearance:

Provided that EAC or SEAC may recommend additional specific Terms of Reference in addition to the Standard ToR, if found necessary, for a project or activity, within 30 days from the date of acceptance of application.

5. All new projects or activities other than specified in sub-paragraph (iv) above, shall be referred to the EAC or SEAC by the Regulatory Authority, as the case may be, within 30 days from the date of application, for recommending the specific ToR in addition to the Standard ToR deemed necessary. In case, the regulatory authority does not refer the matter to the EAC or SEAC, as the case may be, within 30 days of date of application in Form-I, sector specific Standard ToR shall be issued, online, on 30th day, by the Regulatory Authority

6.Applications for Terms of Reference may be rejected by the regulatory authority concerned on the recommendation of the EAC or SEAC concerned. In case of such rejection, the decision together with reasons for the same after due personal hearing shall be communicated to the applicant in writing within sixty days of the receipt of the application.

7.The project proponent shall prepare the EIA report based on the sector specific Standard ToR as well as additional specific ToR if any, stipulated by the EAC or SEAC.

8.The Terms of Reference for the projects or activities except for River valley and Hydro- electric projects, issued by the regulatory authority concerned shall have the validity of four years from the date of issue. In case of the River valley and Hydro -electric projects, the validity will be for five years.

* ToR: Terms of Reference

* MoEF&CC, New Delhi: Ministry of Environment Forest & Climate Change, New Delhi

* EIA Notification 2006: Environment Impact Assessment Notification 2006

* EAC: Expert Appraisal Committee 

* SEAC: State Expert Appraisal Committee

* SEIAA: State Environment Impact Assessment Authority