SEIAA & MOEF&CC

The Ministry of Environment, Forest and Climate Change (MoEF&CC) recently issued an important clarification regarding the authority to amend, transfer, extend, split, or accept surrender of Environmental Clearances (ECs) and Terms of Reference (ToRs) granted earlier by the Ministry under the EIA Notification, 2006.

This clarification impacts project proponents and environmental regulators across India. In this blog, we explain the key points of this clarification in simple and easy-to-understand language.

Background: Categories of Projects under EIA Notification, 2006

• Category-A projects:

These projects are considered at the Central level by the Ministry of Environment, Forest & Climate Change (MoEF&CC). The Expert Appraisal Committee (EAC) recommends decisions for these projects.

• Category-B projects:

These projects are considered at the State level by the State Environment Impact Assessment Authorities (SEIAAs). Recommendations are made by the State Expert Appraisal Committees (SEACs).

When Can Category-B Projects Be Considered at the Central Level?

There are some exceptions where Category-B projects are handled by the Central Ministry (MoEF&CC) instead of the State Authority. These include:

• If the State-level SEIAA/SEAC is not constituted: In such cases, the Central Ministry considers the Category-B projects.
• Due to General Conditions applicability: If certain general environmental conditions apply, some Category-B projects might be treated as Category-A and be considered at the Central level.

Changes Due to Amendments and Decentralization

• Over time, the EIA Notification, 2006 has been amended, which may change the thresholds and categories of projects.
• Some projects previously handled by the Central Ministry may now come under the jurisdiction of SEIAAs/SEAC due to decentralization and delegation of powers.
• Also, some SEIAAs and SEACs which were not previously constituted might be set up later, changing the authority structure.

The Issue: Who Can Amend or Transfer Earlier Granted ToRs/ECs?

• Many Environmental Clearances (ECs) and Terms of Reference (ToRs) were originally granted by MoEF&CC.
• Now, there are requests seeking clarity on whether amendments, transfers, validity extensions, splitting, or surrender of such ECs/ToRs should still be handled by MoEF&CC or by the concerned SEIAA/SEAC at the State level.

Ministry’s Clarification on Authority

The Ministry has clarified the following:

• SEIAA and SEAC are competent authorities to handle the amendment, transfer, splitting, extension of validity, or surrender of ECs and ToRs granted earlier by MoEF&CC if:
  • The project has shifted from Central to State jurisdiction as per the changed circumstances explained above (in points 2 and 3).
• The concerned SEIAA and SEAC must follow the procedure laid down in the EIA Notification, 2006 while processing such requests.
• This includes all types of amendments such as corrigenda (corrections), extensions, splitting of ECs, or accepting surrender of ECs.

What Does This Mean for Project Proponents?

• If your project was earlier cleared by MoEF&CC but now falls under the jurisdiction of SEIAA/SEAC (due to new state authority formation or changed categorization), then all requests for amendments or other modifications should be submitted to the SEIAA/SEAC.
• The State authorities will process your application according to the EIA Notification procedures.
• You no longer need to approach the Central Ministry for such changes in these cases.

Why is This Clarification Important?

• It helps avoid confusion among project proponents regarding which authority to approach for amendments or other EC related requests.
• It streamlines the process and supports decentralization, enabling faster and more localized decision-making.
• It ensures that the environmental clearance process remains consistent with the current categorization and authority structure.

Important Terms Explained

• Environmental Clearance (EC): Permission granted by the Ministry or State authority allowing a project to proceed after assessing environmental impacts.
• Terms of Reference (ToR): The scope and conditions under which an environmental impact assessment (EIA) study should be conducted.
• Corrigendum: A formal correction made to previously issued environmental clearances or terms of reference.
• Surrender of EC: When a project proponent voluntarily gives up their environmental clearance, usually if the project is abandoned.

Summary Table for Quick Reference

How to Approach SEIAA/SEAC for Amendments or Transfers?

• Check whether your project now falls under State jurisdiction. You can consult the latest EIA Notification amendments or contact the local SEIAA office.
• Prepare your application clearly mentioning the EC or ToR number granted earlier by MoEF&CC.
• Include all required documents, including the original EC, project details, justification for amendment or transfer, and any other specific information requested by SEIAA/SEAC.
• Follow the prescribed fee and submission guidelines of the SEIAA/SEAC.
• Be prepared to attend any hearings or site visits if requested by the authority.

Frequently Asked Questions (FAQs)

Q1: What if my project still falls under Central jurisdiction?

If your project remains Category-A or does not meet criteria for decentralization, you must continue approaching MoEF&CC for any EC or ToR amendments.

Q2: Can SEIAA reject amendment requests for ECs granted by MoEF&CC?

Yes, SEIAA/SEAC will process the application as per rules and may approve or reject based on merits and compliance.

Q3: Is there a difference in timelines when SEIAA/SEAC handles amendment requests?

Generally, State authorities may process applications faster due to proximity but it depends on workload and specific cases.

Q4: What if my State has just recently constituted SEIAA/SEAC?

From the date of constitution, projects falling under their jurisdiction must be handled by them even if EC was earlier granted by MoEF&CC.

Parivesh

Final Note

This important clarification issued by the Ministry, with approval from the Competent Authority, ensures smooth and transparent management of environmental clearances. It supports decentralization while maintaining strict adherence to the EIA Notification, 2006 processes.

Project proponents are advised to carefully check their project category and jurisdiction before submitting applications for EC or ToR amendments. Timely compliance and proper procedure will help in hassle-free project implementation with due environmental safeguards.

Ref.: IA3-22/5/2025-IA.III (E-258537) dated: 28.02.2025

Environment Notifications