By S&S Co. Advocates & Solicitors · Published 16 July 2026 · Informational content, not legal advice. See our disclaimer
When Environmental Clearance Is Required
Under the Environment Impact Assessment (EIA) Notification, 2006, thermal power projects above prescribed capacity thresholds, mining projects involving lease areas above prescribed extents, and associated infrastructure require prior environmental clearance (EC) before construction or extraction can lawfully commence. Projects are categorised as "A" or "B" depending on scale and location sensitivity, which determines whether clearance is granted at the central or state level.
The Four-Stage Process
The EIA process generally proceeds through screening (for Category B projects, to determine whether a detailed assessment is needed), scoping (fixing the Terms of Reference for the environmental impact assessment study), public consultation (comprising a public hearing near the project site and a written comment period), and appraisal by the relevant Expert Appraisal Committee before final clearance is granted, typically subject to a set of project-specific conditions.
Conditions Compliance Is an Ongoing Obligation
An environmental clearance is not a one-time approval: it comes with specific conditions covering emission and effluent standards, biodiversity and afforestation commitments, and periodic compliance reporting, and continued lawful operation depends on sustained compliance with these conditions, monitored through six-monthly compliance reports and, for larger projects, third-party environmental audits.
The Risk of Operating Without, or Ahead of, Clearance
Commencing construction or operation before clearance is granted (or expanding beyond what an existing clearance covers) exposes a project to closure directions, penalty under environmental law, and legal challenge before the National Green Tribunal (NGT). Courts and the NGT have taken an increasingly strict view of "post-facto" environmental clearances (clearances sought and granted after construction has already begun) treating regularisation after the fact as the exception rather than an available fallback, and confining it to the specific, limited circumstances current judicial and regulatory guidance permits.
Forest Clearance as a Parallel Requirement
Where a power or mining project involves forest land, environmental clearance under the EIA Notification is separate from, and additional to, forest clearance required under the Forest (Conservation) Act, 1980: a project requiring both approvals must secure each independently, and a deficiency or delay in one does not excuse non-compliance with the other.
Frequently Asked Questions
Which power and mining projects require environmental clearance?
Thermal power projects above prescribed capacity thresholds and mining projects above prescribed lease-area thresholds, categorised as A or B under the EIA Notification, 2006 depending on scale and location sensitivity.
What are the stages of the environmental clearance process?
Screening (for Category B projects), scoping to fix the Terms of Reference, public consultation including a public hearing, and appraisal by the relevant Expert Appraisal Committee before final clearance.
Is environmental clearance a one-time approval?
No. It comes with ongoing conditions on emissions, biodiversity commitments and periodic compliance reporting, monitored through six-monthly reports and, for larger projects, third-party audits.
Can a project get environmental clearance after construction has already begun?
Only in limited, exceptional circumstances: courts and the NGT have taken an increasingly strict view of post-facto clearance, treating it as the exception rather than a routine fallback.
References & Further Reading
This article references the following statutory provisions. Readers should always verify current rules, fees and timelines against the applicable statute and rules as amended, since these are revised from time to time.
- Environment Impact Assessment Notification, 2006, as amended.
- Environment (Protection) Act, 1986.
- Forest (Conservation) Act, 1980, for the parallel forest clearance requirement where applicable.