window of six months.

The said notification defined violation of projects which have started

the construction work, or have undertaken expansion or modernization or change in product-
mix without Prior Environment Clearance.

However, such violations being recurring in nature may come to the notice in future during
the process of appraisal or monitoring or inspection by Regulatory Authorities. Therefore, the
Ministry deems it necessary to lay down the procedure to bring such violation projects under
the regulations in the interest of environment at the earliest point of time rather than leaving
them unregulated and unchecked, which will be more damaging to the environment;

AND WHEREAS, the Hon’ble High Court of Jharkhand’s order dated the 28th November,
2014 in W.P. (C ) No. 2364 of 2014 in the matter of Hindustan Copper Limited Versus Union
of India, inter alia, held that the consideration for the proposal for Environment Clearance
must be examined on its merits, independent of any proposed action for alleged violation of
the environmental laws;

AND WHEREAS, the Hon’ble National Green Tribunal in Original Application Number
837/2018 in the matter of Original Application Number 837/2018 Sandeep Mittal Vs
Ministry of Environment, Forest and Climate Change & Ors., has held that Ministry shall
strengthen the monitoring mechanism for compliance of conditions of Prior Environment
Clearance;

AND WHEREAS, the Central Government hereby publishes this draft notification in
exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of
section 3 and section 23 of the Environment (Protection) Act, 1986, read with clause (d) of
sub-rule (3) or rule 5 of the Environment (Protection) Rules, 1986 and in supersession of the
notification number S.O. 1533 (E) dated the 14th September, 2006 read with subsequent
amendments, notification numbers S.O. 190 (E) dated the 20th January, 2016, S.O. 4307(E)
dated the 29th November, 2019, S.O. 750(E) dated the 17th February, 2020, except in respect
of things done or omitted to be done before such supersession.

1. Short title and commencement: -

i. This notification may be called the Environment Impact Assessment Notification,

2020 (hereinafter referred to as ‘EIA Notification, 2020’).

ii. This notification shall come into force on the date of publication of final notification
in the Official Gazette.

2. Application of the notification: - This notification is applicable to whole of India

including territorial waters.

3. Definitions: – In this notification, unless the context otherwise requires, the terms are
defined as follows:

(1) “Accredited Environment Impact Assessment Consultant Organization

(hereinafter referred to as ‘ACO’)” is an organization that is accredited with the
National Accreditation Board for Education and Training (NABET) of Quality
Council of India (QCI) or any other agency, as may be notified by the Ministry
from time to time;

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