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The environment appraisal committee (EAC) will shift out of the ambit of the environment ministry once the autonomous regulator is formed, it is learnt. The EAC will come under a regulatory authority which is yet to be constituted for the environment sector. The ministry is finalising a Cabinet note in this regard.
The regulatory body could be headed by a technical person and not a judicial person. There might be clauses on penalty and legal procedures linked to the regulator’s decisions to make the authority accountable. The Supreme Court had directed the ministry to set up an environment regulator at the national and state levels by March 31 to look into implementation of policies. The ministry is likely to seek an extension for setting up the regulatory body.
“There will be a two-layered system, keeping the current EAC alive. This would mean that appointments to EAC would be made by the regulator only, with no political interventions,” a ministry official told Business Standard. The first layer of the regulatory system would be the EAC, while above it would be the regulatory authority headed by a chairman and two or three members, he added.
The ministry is already in touch with the stake holders including government organizations, NGOs and environmental agencies to come out with a comprehensive proposal for setting up the regulator.
Sources pointed out that the powers of gathering information and ground-level authentications may still lie in the hands of the ministry.
The concept of an independent regulator called the National Environmental Appraisal and Monitoring Authority was initially mooted during the tenure of Jairam Ramesh as the environment minister. Despite a legal recommendation in 2011, related to Lafarge judgement, the idea of an Indian clone to the US Environment Protection Agency was shelved later.
Keeping the EAC alive would mean the regulator would have a say while clearing projects ranging from coal mining, industrial, infrastructure to construction, thermal and nuclear.
The new authority would also ensure compliance of standards while giving clearances, an official said.
