4.2.1 Institutional Arrangements
In India the MoEF is the nodal agency for the planning, promotion and co-ordination of environmental and forestry programmes (Singh et al. 1994). It is a relatively new ministry constituted in 1985 (Banham and Brew 1995).

First serious exercise for establishing an agency to look after the environment began in 1972, when a National Committee on Environmental Planning and Co-ordination (NCEPC) was set up and a office of Environmental Planning and Co-ordination was established under the Department of Science and Technology. Subsequently in 1980 a committee was set up to recommend legislative and administrative machinery for environmental protection. On the basis of the recommendations of the Committee a separate Department of Environment was established in 1981.

In August 1979 the Central Government constituted a Working Group on Mining and Environment. The terms of reference of the Working Group included, inter-alia, the following (Ramanathan and Mehta 1982):

1. To evolve methodology for assessing the state of environment in and around different kinds of mines.
2. To draft guidelines for integrating environmental protection measures with mineral exploitation.

The Working Group prepared a questionnaire (checklist) for environmental appraisal of mining operation. In the year 1982, the Department of Environment evolved, with the active participation of mining experts, procedures and guidelines for EIA of mining and quarrying projects (Ramanathan, 1982). Procedure for environmental clearance was also laid down, which inter-alia, required submission of an EIA/EMP report. The same guidelines are still being used with minor modifications (Choudhury, 1995).

The Dhanbad Declaration 1982, a willing declaration of the Indian mining industry professionals, issued on conclusion of the National Conference on Minerals and Ecology organised at Indian School of Mines, Dhanbad in March 1982 was another hallmark of concern and commitment.

During the sixth five-year plan, the Planning Commission adopted a system whereby all projects requiring approval from the Commission were pre-reviewed by the Department of Environment. It may be mentioned that only large projects (termed "mega" projects) required approval from the Commission. As has already been mentioned under 'PIB Rule' all public sector projects seeking funding from the Public Investment Board also had to obtain environmental clearance. Thus, though not legally required, EIA of mega-projects and public sector projects were implicit under executive orders since the late seventies. The guidelines under Forest (Conservation) Act 1980 also insisted for environmental clearance of projects having proposal to divert more than twenty hectare of forestland (Chowdhury 1996). It was this stipulation that indirectly compelled the private sector mining projects to undergo a process of scrutiny and evaluation from environmental angle (Datey and Marwaha 1996).

Even earlier to 1980, some EIAs had been carried out in India as a requirement of foreign donor agencies

4.2.2 EIA evaluation procedure
As has been mentioned before a system of giving environmental clearance to mining projects has been in existence since 1982. The procedure of evaluating EIAs of development projects has undergone only minor changes in 1994. Previously the following types of mining projects were usually referred to an advisory committee named 'Environmental Appraisal Committee (EAC) for Mining Projects' (IBM 1994): -
1. All new mining projects of central public sector with capital investment of fifty crore rupees or above.
2. All existing mines of the central public sector going for expansion/modernisation, the total capital investment after expansion/modernisation being fifty crore rupees or above.
3. Mining projects, of both public sector and private sector, financed partly or wholly by international funding agencies.
4. Mining projects, of both public sector and private sector needing forest clearance.

The environmental appraisal committee acted on advisory capacity and did not have any statutory position. The terms of reference of the EAC for mining projects generally comprised the following (IBM 1994): -
1. To examine the environmental aspects of mining projects along with their environmental management plan referred to the MOEF and make recommendation for their approval or rejection.
2. To suggest preventive and mitigation measures and pollution control devices including choice of appropriate technology for projects recommended for approval.
3. To review and analyse the environmental management plans submitted in respect of the new mining projects.
4. To ensure through appropriate monitoring mechanism that environmental safeguards proposed/recommended are effectively implemented.

The MOEF used to take a decision on environmental clearance of mining projects based on the recommendations of the Environmental Appraisal Committee. Such clearances were granted with or without additional conditions stipulated in the formal letters of clearance issued to project proponents.

As may be observed from the above, structurally the EIA assessment procedure was more or less satisfactory. However, near-absence of monitoring mechanism prevented the EIA system from being effective. Since environmental clearance was not a legal requirement, once an environmental clearance was granted there was little that could be done to ensure compliance of conditions imposed. There was no requirement for submission of compliance reports. Just before introduction of EIA guidelines, Ramanathan (1982) cautioned 'to be effective, environmental management needs legal sanction'. It was only in 1994; measures were taken by issuing the EIA Notification, to provide such a legal sanction.

The EIA Notification 1994 requires EIA/EMP reports to be prepared in accordance with the guidelines issued by the Central Government from time to time. The notification as such does not mention anything about allowing submission of rapid EIA reports. However in a subsequent explanatory note issued by the ministry (Singh et al. 1994) it has been clarified that project proponents may furnish 'Rapid EIA' report to the Impact Assessment Agency (IAA) based on one season data. Comprehensive EIA report will, however, have to be submitted later, if so asked for by the IAA.

A project proponent is required to apply in prescribed application form for environmental clearance of the project. Additional information to be furnished along with the application include, amongst other things, the following:
1. 20 copies of EIA/EMP report.
2. Risk analysis report (20 copies).
3. Filled in questionnaire (as prescribed by the IAA) for environmental appraisal of the project.
4. A comprehensive rehabilitation plan if more than 1000 persons are likely to be displaced, otherwise a summary plan for rehabilitation of people to be displaced.
5. Details of public hearing.

According to the EIA Notification 1994, the EIA/EMP reports (and all other reports submitted with the application for environmental clearance) are to be evaluated by the Impact Assessment Agency (IAA) which is the Ministry of Environment and Forests itself. The EIA/EMP reports are therefore first assessed by the staffs of sector specific impact assessment wing in the Ministry. For example EIA of mining projects are scrutinised and initially evaluated by the Impact Assessment Wing-II. If deemed necessary the IAA many consult a committee of experts, having a composition as specified in Schedule III of EIA Notification 1994. Normally the EIA reports are, as a rule, referred to the sector specific expert committee. The expert committee evaluates the EIA reports and if necessary undertakes site visits.

The Impact Assessment Agency takes a final decision on environmental clearance of the project based on the evaluation and recommendations of the expert committee and also based on the details of public hearing. The IAA may issue environmental clearance with certain stipulations.

It is mandatory for the Central Government to issue site clearance within 30 days. Similarly assessment of a project for issuing environmental clearance is completed and decision conveyed within ninety days from the date of receipt of the requisite documents and data from the project authorities and completion of public hearing. A half-yearly report is submitted by project authorities regarding implementation of the recommendations and conditions subject to which the environmental clearance has been given. The IAA for monitoring purposes uses these compliance reports.