EA TOR for Ports Harbours

[This sample Terms of Reference for EIA is intended to be used by Project Officers involved in the preparation of feasibility studies for port projects. The sample TOR has been written in a detailed and comprehensive manner, and Project Officers are advised to remove material that is not relevant to their particular project.]

Terms of Reference for Environmental Impact Assessment of Ports and Harbours

1.0. Background

Over the last three decades, environmental impact assessment (EIA) or environmental assessment (EA) has become a major tool for effective environmental management. Over the years, the focus of EIA changed towards making it a useful tool for environmental sustainability, which can be very effectively put to use to ensure that all important factors are included and unnecessary factors are revealed and dropped. This contributes towards ensuring that the environmental sinks and resources are not so excessively stressed as to cause any reduction in the assimilative capacity.

2.0. Need for Environmental Assessment (EA)

Development of port and harbour facilities can make a significant contribution to the economic development and growth of maritime transport. At the same time, it may also create adverse impacts on the surrounding environment. Port development may create a wide range of impacts on the environment through activities such as construction work, dredging, reclamation of the required land, landfills, discharges from ships and cargo operations, and other port related activities.

Port development and operation should, therefore, be planned with careful consideration of the environmental impacts. Thus, the preparation of an EIA report and implementation of EMP is essential for effectively managing these adverse effects.

In view of the above issues, the EA is carried out with the following objectives:

• Establishing the environmental baseline in the study area and identifying any significant environmental issue

• Assessing these impacts and provide for the requisite avoidance, mitigation and compensation measures

• Integrating the identified environmental issues in the project planning and design• Developing appropriate management plans for implementing, monitoring and

reporting of the environmental mitigation and enhancement measures suggested

The EA studies and reporting requirements to be undertaken under these ToR must conform to the Government of India (GoI) and World Bank guidelines and regulations, which include, inter alia, the EIA amendments and updated guidelines.

The EA comprises following stages: Environmental Screening, Project EA and the Environmental Management Plan (EMP)

3.0. Project Description

This section should cover the broader details of the basic activities, such as

• Location, layout and implementation schedule of the project• Type of the project—new, expansion, modernization, container cargo-handling

facility, fishing, minor/major port, etc.• Relevance of the project in light of the existing development plans of the region• Project coverage, master plan, phasing and scope• Description of a project site, geology, topography, transport and connectivity,

demographic aspects, socio-cultural and economic aspects, villages and settlements

• Capacity of the port, types of cargo proposed for handling, cargo-handling equipments, ancillary operations, housing, truck-parking details, etc.

• Technologies involved in design, construction, equipment and operation• Use of existing public infrastructure—road, railway and inland waterway

networks, water supply, electrical power, etc.• Estimated water balance for the proposed project during construction/operation

stages• Estimated cost of development of the project, environmental cost, funding

agencies, and whether the project is being implemented through government/international funding or on the basis of BOT

• Details of land acquisition, rehabilitation of communities/villages and present status of such activities

• Resources, manpower and time frame required for project implementation

3.1. Essential Maps to be Provided with the Project Description

• A map specifying locations of the state, district and project • A map of project and the area within 10km of the boundary of the

proposed/existing project area, delineating (i) protected areas notified under the Wildlife (Protection) Act, 1972, (ii) critically polluted areas as notified by the CPCB from time to time, (iii) notified eco-sensitive areas, and (iv) inter-state and international boundaries

• A map covering aerial distance of 15km on the landward side from the proposed project boundary, delineating environmentally sensitive areas as specified in column 9(iii), Form I of EIA notification dated Sept. 14, 2006

• Land-use map of the study area on a 1: 25,000 scale based on recent satellite imagery of the project and the area within 10km of the proposed project boundary, delineating the cropping pattern, wastelands, forest area and built-up areas, water bodies, human habitation and other surface features such as railway tracks, ports, airports, roads, national highways and major industries

• Site layout plan of the proposed development shall be submitted on a scale of 1:5000, clearly marking the layout of breakwaters, navigation channels, harbour basin, berths, dry docks, workshops, container freight station, cargo handling systems, conveyors, covered and uncovered storage yards, warehouses, roads, railway tracks, effluent disposal points, administrative and operational buildings, utilities, townships, green belts, dredged material disposal, etc. Boundaries of the proposed port shall be shown therein with latitude and longitude.

• Area drainage contour map of the project and area within 2-5km of the proposed project area

• Any proposed diversion of drain/canal/river• Hydrographic charts of the offshore area giving general morphology of the

coastal stretch on a scale of 1:50,000 covering water depth up to 10m beyond the maximum proposed dredging depths of the project and covering a distance of 5km along the coast from the project limits on both sides

• The Costal Regulation Zone (CRZ) maps indicating the high tide level (HTL) low tide level (LTL), demarcated by one of the seven authorized agencies and the project layout superimposed on the map submitted on a 1:5000 scale map, which is reviewed and recommended by the Coastal Zone Management Authority (CZMA) of the state/union territory

4.0. Stage I. Environmental Screening (ES)

This is done in the early stages of the project preparation to:

• Make a preliminary assessment/review of the environment issues that are relevant to the proposed project thus making it environmentally sound and sustainable

• Determine the extent and type of project EA to undertake• Recommend possible modifications in the preliminary project design

Scope of Work for ES

The general approach to be adopted for ES includes:

• Brief description of the project as mentioned in section 3.0.• Preliminary reconnaissance surveys to identify baseline conditions and

environmentally sensitive issues relating to the project site and influence area and baseline conditions, including regionally and nationally recognized environmental resources and features, such as national parks, wildlife

sanctuaries, game reserves, tiger reserves/elephant reserves/turtle nesting grounds, breeding grounds, core zone of biosphere reserve, habitat for migratory birds, mangrove area, areas with threatened (rare, vulnerable, endangered) flora/fauna, protected corals, wetlands, zoological gardens, gene banks, reserved forests, protected forests, any other closed/protected area under the Wildlife (Protection) Act, 1972 and any other area locally applicable

• Assessment the potential impacts of the project on the baseline conditions• Recommended mitigatory measures to offset the identified adverse impacts• Stakeholder assessment and consultations• Identification of the Valued Environmental Components (VECs) considering the

baseline information (collected from both secondary and primary sources), the preliminary understanding of the activities proposed in the project and from stakeholder consultations

• Preliminary analysis of impacts identified in the project site and surroundings and the formulation of management measures/options

• Preparation of scoping for project EA, which will be a direct outcome from the above-mentioned ES, and shall define boundaries of the project EA and include what is covered in the project EA

• Documentation of the above-mentioned ES in the form of Environmental Screening Report

This report can form a part of the Detailed Project Report (DPR) or Technical Feasibility Report

5.0. Stage II. Project EA

Detailed assessments are done at this stage. It includes carrying out the detailed EA or EIA and preparing reports like EA Report, leading to development of Environment Management Plans (EMPs).

The Scope of Work for the Project EA

This shall include the following:

5.1. Detailed description of the project as mentioned above (information collected from the engineering and design section of the project and from the technical feasibility report), along with required maps/designs/documents

5.2. Discussion of the policy, legal and administrative framework within which the project is set, major stakeholder departments of the state and central government with their specific roles, applicable laws and clearance requirements at various levels and their current status

5.3. Analysis of Alternatives (Technology & Sites)

In case, the scoping exercise indicates a need for alternatives, this chapter shall include:

• Description of various alternatives like locations or layouts or technologies studied

• Description of each alternative• Summary of adverse impacts of each alternative• Selection of alternative

5.4. Stakeholder consultations, which will include community consultations at the state, district, village and roadside community levels, to improve project components with regard to proper environmental management

5.5. Description of the Environment

Baseline surveys generally include:

a) Collection of information from secondary sources that are necessary for understanding the baseline pertaining to physical, biological and socio-economic environments project and influence area

b) Carrying out site visits and investigations of all the environmentally sensitive locations and document them on the base maps to identify conflict points with preliminary design

c) Preparing detailed specific maps showing details of sites for environmental enhancements. These surveys are to be carried out as per the standards prescribed by Government of India, which if not available, shall conform to international practice

It is recommended that the environmental surveys be co-ordinated with social and engineering surveys and done simultaneously, as far as possible.

5.5.1. Study Area

As a primary requirement of EIA process, the proponent should collect primary baseline data in the project area as well as in the area within 5km of the proposed project boundary. Secondary data should be collected for area within 15km aerial distance from the project boundary, as specifically mentioned in column 9(iii) of Form I of EIA Notification 2006. This should be depicted on a map.

Following components of the environment shall be studied.

5.5.2. Land Environment

(a) Land

Availability of land for earmarking for the port without causing undue hardship to local habitat and their socio-cultural and economic aspects is very important. Data on the land availability is to be ascertained from local authorities, revenue records, etc. Justification for the proposed quantum of the area is to be given.

(b) Topography

Baseline data needs to be given on existing situation of the land at the proposed project area including description of terrain hill slopes coastal and inland topography, coastal features (lowland, beaches, littoral areas and shoal areas), terrain features, slope and elevation. Study of land use pattern, habitation, cropping pattern, forest cover, environmentally sensitive places, etc. should be made by using remote-sensing techniques (if available) and secondary data sources.

(c) Geology

Baseline data should be provided on rock types, regional tectonic setting (reported fractures/faulting, folding, warping), and history of any volcanic activity, seismicity and associated hazards, mainly in the coastal area. Information on quarry yields, strength of rock, distance of quarries from habitat, restrictions for quarrying, environmental controls, statutory permissions, etc. should be provided.

(d) Soil

Soil data, including type, classification, characteristics, and soil properties are important engineering considerations for design of structures, loading capacities of cargo stockpiles, green belt development, etc. Changes in parameters of soil also may affect plantation and vegetative growth, which in turn may endanger the health of local habitat. Baseline data of the soil and results of investigations carried out are to be provided for the project area.

(e) Meteorological Data

Meteorological data covering the following should be incorporated in the EIA report.

Data for at least a 10-year period should be presented from the nearest meteorological station. The history of cyclones and tidal surges for the area shall be mentioned. The data pertaining to the following parameters shall be included:

• Wind speed and direction• Rainfall• Relative humidity• Temperature• Barometric pressures• History of cyclones

5.5.3. Water Environment

(a) Groundwater

Baseline data on groundwater including data on pH, dissolved solids, suspended solids, BOD, DO, coli-form bacteria, oil and heavy metals (depending upon the type of cargo) is to be

collected at least for one season. Usage purpose of the groundwater, if any, is to be indicated.

(b) Surface Water

Baseline data on location of surface water like lagoons, lakes, tidal inlets, streams, rivers and their details such as their present quality and utility, if any, is to be provided. Details of water bodies in the project area shall be described specifically. Water quality is to be monitored for one season (3 months) other than monsoon season.

5.5.4. Marine Environment

(a) Coastal hydrology/geomorphology

Coastal hydrology requires collection of oceanographic data during the study period, covering the following parameters:

• Tides• Waves (wind waves and swells)• Storm surges• Currents• Salinity• Sea water temperature• Suspended load• Seabed bathymetry

Baseline oceanographic data should extend at least to depths more than 10m of proposed deepening of the harbour approach and basin as per the master plan proposed. A study on likely changes in the sediment transport and littoral drift due to the construction of port, particularly the breakwater, should to be taken up.

Details of mangroves, marshes and other coastal vegetation, sand dunes, coastal stability, seismic characteristics, history of any endangered species, coastal erosion and shoreline changes should be furnished.

(b) Bed sediment contamination

Baseline data on bottom sediments and the associated bottom biota and other physical habitat at the proposed project area and the neighbourhood areas should be collected and analyzed.

(c) Sea/Harbour water quality

Baseline data shall be collected on chemical parameters in the open sea and in the proposed port area for understanding hydrochemical characteristics in the marine environment (such

as sea water temperature, BOD, DO, pH, TSS, salinity, heavy metals depending on the cargo, etc.)

5.5.5. Biological Environment

(a) Marine/Coastal ecology

Baseline data on aquatic flora and fauna, mangroves, marshes and other coastal vegetation, sand dunes at the project area, including the coastal area, is to be ascertained through proper surveys. Data on coastal stability, seismic characteristics, history of any endangered species, coastal erosion, shoreline changes, if any, is also necessary.

(b) Terrestrial ecology

Details on secondary data on the existing flora and fauna in the study area as well as that within 15km of its boundary, carried out by an university/institution under the relevant discipline (such as Botanical Survey of India, Zoological Survey of India, Wildlife Institute of India, etc.) shall be included in the list of flora and fauna along with the classification as per the schedule given in the Wildlife Protection Act, 1972 (for fauna) and in the Red Book Data (for flora). Also, a statement clearly specifying whether the study area forms a part of an ecologically sensitive area or migratory corridor of any endangered fauna should be provided.

5.5.6. Air Environment

Baseline data of ambient air parameters, such as RSPM, nitrogen dioxide, sulphur dioxide, carbon monoxide, heavy metals and other harmful air pollutants, depending upon the type of the cargo, should be monitored.

This data should be collected in an area extending at least 5km from the project boundary by observation at a number of locations. Specific importance should be attached to areas in close proximity to the project, say up to 1km. Data for one season, other than monsoon, should be monitored as per the CPCB Norms. The control station should be in the up-wind/non-impact/non-polluting area.

5.5.7. Noise

Baseline data on noise pollution at the project area and the neighbourhood up to a specified distance or nearest residential areas is to be monitored as per the CPCB norms.

5.5.8. Existing Solid Waste Disposal facilities

Details of authorized municipal solid waste facilities, biomedical treatment facilities and hazardous waste disposal facilities in the area should be inventoried if they will be utilized.

5.5.9. Socio-economic and Occupational Health Environments

Baseline data at the project area shall include the demography, particularly on human settlements, health status of the communities, existing infrastructure facilities in the proposed area and area of impact due to the proposed activity. Present employment and livelihood of these populations and awareness of the population about the proposed activity shall also be included.

5.5.10. Public Utilities

Baseline data of existing public utility infrastructure shall be ascertained and reported to assess the impacts of the project on these public utilities in order to incorporate desired methods in the EMP and the same shall be monitored during the construction as well as operational phases of the port.

6.0. Anticipated Environmental Impacts and Mitigation Measures

This section should describe the likely impact of the project on each of the environmental parameters and the methods adopted for assessing the impact such as model studies, empirical methods, reference to existing similar situations, reference to previous studies, details of mitigation methods proposed to reduce adverse effects of the project, best environmental practices and conservation of natural resources. The identification of specific impacts followed with mitigation measures should be done for different stages i.e., location of the port, construction including dredging, ship traffic including discharges from vessels and cargo operations.

6.1. Land Environment

Anticipated Impacts:

Impact of project construction/operation on the land requirement/land-use pattern should be assessed. Effect of future growth of the port facility and/or the ancillaries should be carefully assessed by preparing master plans for the port and the ancillaries. Impact on the public utilities arising out of the utilities for the project activities and the impact on the natural drainage system are equally important. Prediction of impacts should include impacts on the existing infrastructures like road network, housing, groundwater/surface water, loss of productive soil and impact on natural drainage pattern.

6.1.1. Mitigation Measures:

Mitigation measures to reduce adverse effects include adopting soil improvement techniques and suitable design methods to reduce land requirement. Where land acquisition and consequential R&R methods are required, they should be implemented duly adhering to the norms and complying with pertinent statutory requirements for such land acquisition. Strengthening of road and rail network infrastructure to handle the increase in traffic and truck parking arrangements and integration of Port development with the local land-use plan should be planned.

6.1.2. Topography, Geology and Soil


Impact of port construction/operation on the topography due to large scale quarrying, filling of low lying area with dredged spoil and borrowed material, damage to existing vegetation/green belt and plantation, changes in land-use patterns, disturbance to existing protected areas like mangroves, forests and environmentally sensitive areas/zones should be assessed. Flooding due to filling up of low-lying areas should also be assessed. Impacts on the surrounding land-use pattern, housing, groundwater, etc. should be assessed.

Impact of the project construction on the geology and vice-versa should to be studied in detail. Impact of project construction/operation on the soil parameters, probability of settlement, subsidence, slides, surface drainage, leachates, etc. are to be estimated

Mitigation Measures:

Mitigation measures to reduce adverse effects include study of alternative sites, improving green belt, obtaining construction materials from other sources, usage of alternative construction materials like fly ash, where possible, and storm water management. Other measures include adopting soil improvement techniques, suitable design methods and ground covering.

6.2. Water Environment

6.2.1. Groundwater

Anticipated impacts:

Discharge of trade effluent and sewage and its impact should be studied. Impact of project construction/operation on the groundwater on account of leachates, run off from material and cargo storages, and toxic or harmful substances, percolation, sea water intrusion should also be assessed.

Mitigation measures:

Mitigation measures to reduce adverse effects include constructing cargo areas with impervious paving, impervious roads, lined drains, routing surface drainage to settlement tanks/pits etc. Treatment of effluent, recycling/reuse and disposal should be planned. Groundwater study on leachates should be carried out periodically and should be correlated with baseline data. Remedial measures should be taken in case of any deviation. Based on the total water budget of the project, the use of groundwater should to be reviewed and alternatives should be presented.

6.2.2. Surface Water


Impact of port operations on surface water sources, contamination due to cargo operations, impact on utility of surface water resources by the neighbouring colonies, impact on surface water flow (e.g. flooding) due to anticipated obstructions, etc. should be assessed.


Measures should be taken to protect surface water resources and prevent reduction in their quality due to construction and operational activities and choice of alternative resources. Proposals to treat effluents confirming to standards notified under EP Act 1996 should be submitted.

6.3. Marine Environment

6.3.1. Coastal Hydrology


Impact of the project construction/operation on the coastal hydrology on account of port construction should be assessed by using suitable model studies.


Careful site selection and port design should be planned to minimize impacts due to changes in current patterns and other coastal hydrology. Model experiments or computer simulations of these changes are useful in developing an appropriate design. Shore protection works like construction of sea walls, groynes, sand bypassing or beach nourishment should be studied.

6.3.2. Bed Sediment Contamination


Impact of the project construction/operation on the bed sediment contamination on account of port construction/operations is to be assessed by using suitable empirical/model studies.


A survey of the contamination of bottom sediments should be undertaken before dredging.

6.3.3. Sea/Harbour Water Quality


Impact of the project construction/operation on the sea/harbour water quality on account of port construction is to be assessed by using suitable empirical/model studies.


Proper collection and disposal of liquid and solid waste from shore establishment and ships should be planned.

6.4. Biological Environment


Impacts of the project construction/operation on the marine/coastal ecology on account of port construction should be assessed by using suitable empirical/model studies. Impacts due to floodlights on the nesting of sea turtles and other species should be studied.


Mitigation measures to reduce adverse effects should be provided.

6.5. Air Environment


Impact of project construction/operation on the ambient air quality on account of emissions of dust during construction and cargo handling, as well as emission of gases from equipment deployed for construction and cargo handling should be assessed.

Prediction of emissions during cargo handling/emissions from the ships in the port area/emissions due to increased traffic, emission inventory for critical pollutants with and without mitigation measures should be done. Further, prediction of the impact due to the existing activity on the proposed project and the prediction of impacts due to sanctioned/on-going projects in the surrounding area on the proposed project and the ambient environment shall be carried out.


Mitigation measures proposed during the construction stage should include dust suppression measures by suitable techniques. Similarly, mitigation measures proposed during the operation stage should include alternative solutions, such as closed conveyor system, closed silos and closed vehicles to transport dusty cargo. Other mitigation measures for lowering the emissions from the ships and green belt development should be taken.

6.6. Noise Pollution


Impact of project construction/operation, including noise and vibration on account of construction equipment, cargo handling equipment and road traffic should be assessed.


Mitigation measures to reduce adverse effects should be provided.

6.7. Solid Waste Management


Impact due to non-hazardous and hazardous solid waste generated during the construction and operational stages should be assessed.


Mitigation measures to comply with the norms should be planned. Options for minimization of solid waste and environmentally compactable disposal/recycling of waste to conserve natural resources should be planned. Plans should be made for management and disposal of temporary structures made during the construction phase.

6.8. Socio-Economic and Occupational Health Environment


The impact of the proposed activity on the communities should be predicted. Details of public and private land in the proposed and immediate surroundings and the socio-economic status of the affected owners of the private land shall be provided. Present status of health, housing, public utilities, commercial structures and transportation should be collected.

Impact of the project on socio-cultural aspects should be assessed. Socio-economic impacts due to displacement of fishing settlements and population influx due to increased activities should be assessed.


Mitigation measures to reduce adverse effects including satisfactory R&R methods should be planned.

7.0. Stage III. Environmental Management Plan (EMP)

7.1. The scope of the EMP shall include:

• Design modifications recommended by the project EA, along with chainages• Recommendation of feasible and cost-effective measures to prevent or reduce

significant negative impacts to acceptable levels• Identification of opportunities for enhancement of environmental quality (of

specific locations, water bodies, scenic areas etc.) in the project area

• Formation of specific or sample plans, such as those for management and redevelopment of quarries, borrow pits and construction camps

• Detailed specification of bill of quantities, execution drawings and contracting procedures for execution of environmental mitigation and enhancement measures suggested, separate for pre-construction, construction and operation stages

• Suggestion of good practices for construction and upkeep of plant and machinery, responsibilities for execution and supervision of each of the mitigation and enhancement measures identified in the project EA

• Description of implementation arrangement needed for the project, especially the capacity-building proposals

• Specification of environmental supervision, monitoring and auditing requirements, including the technical aspects of monitoring the effectiveness of mitigation measures (including measurement methodologies, data analysis, reporting schedules, emergency procedures, detailed budget and procurement schedules)

• Summary matrix of environmental monitoring, during construction and operation stages, along with the requirement of monitoring facilities, frequency, location, parameters of monitoring , compilation and analysis of data, comparison with baseline data, compliance to accepted norms and reporting system, and plantation monitoring programme

• Listing of all the mandatory government clearance conditions and the status of procuring clearances

• Inclusion of separate attachment, if applicable, Natural Habitat Plan and /or Cultural Properties Plan to satisfy the requirements of the World Bank safeguard policies,

8.0. Additional studies

Studies on the following need to be conducted:

• Risk Analysis and Disaster Management Plan (DMP)• Safety measures for handling bulk liquid substances• Personal protection equipment • Oil-spill contingency plan• Bio-diversity studies, if and when required • Emergency response procedures, natural resource conservation and

optimization, plan of action for conservation of natural resources• Utilization of fly ash and other suitable waste materials• Dredged material utilization and disposal plan

• Detailed R&R plan with data on the existing socio-economic status of the population in the study area and broad plan for resettlement of the displaced population, site for the resettlement

Issues identified by the public and other stake holders during public hearings along with the issues raised by the public and the responses of the project proponents should also be studied.

These additional studies can be annexed with the EMP Report.

9.0. Executive Summary (Summary EIA)

This should be a summary of the EIA report, condensed to 10 A-4 size pages at the maximum. It should necessarily cover in brief the following chapters of the full EIA report: Introduction, Project Description, Description of the Environment, Anticipated Environmental Impacts & Mitigation Measures, Additional Studies, Environmental Monitoring Programme, Project Benefits and Environmental Management Plan (EMP)

Such an Executive Summary may be required during the public hearing process for distribution to interested public on demand. If required, it has to be translated into a local language.

10.0. Major Outputs from the Environment Perspective

1) Inception Report with work plan

2) Draft Environmental Screening Report

3) Final Environmental Screening Report

4) Draft Project Environmental Assessment (EA) or EIA Report

5) Draft Environmental Management Plans (EMPs)

6) Final EA Report

7) Final EMPs

Documents

EA TOR for Ports Harbours