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INDEX Page Number

Introduction 2

General (Environment Protection) Legislations

The Environment Protection Act, 1986 5

The Environment (Protection) Rules, 1986 6

The Hazardous Wastes (Management And Handling) Rules, 1989 7

The Public Liability Insurance Act, 1991 7

The Municipal Solid Wastes (Management) Rules, 2000 8

The Noise Pollution (Regulation And Control) Rules, 2002 8

Forest And Wildlife Protection Legislations

Indian Forest Act 1927 And Amendment 1984 9

Wildlife Protection Act 1972 10

Water Pollution Protection Legislations

The Easement Act, 1882 11

The Indian Fisheries Act, 1897 11

The Inland Stream Vessel Act, 1917 11

The River Boards Act, 1956 12

The Water (Prevention And Control Of Pollution) Act, 1974 12

Air Pollution Protection Legislations

The Factories Act, 1948 13

The Air (Prevention And Control Of Pollution) Act, 1981 14

The Air (Prevention And Control Of Pollution) Rules, 1982 15

Conclusion 16

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INTRODUCTION

In 1960’s environmental law did not exist as a discrete domestic and international legal category.

It means that there was no separate law as to the environment. Modern environmental protection,

in 19th

century included public health and resources conservation laws and in private, legal

actions for damage of pollution. Environmental law has roots in private actions which protects

the use and freedom of enjoyment of land, abuse of rights, and in the public health reform laws.

However in the late 19th

and early 20th

centuries, there was no appreciation of the idea from

many, that ecosystems, water and air masses were geographical units that should be the subject

or concept of special legal protection. When the idea was accepted in the 1960s, legal protection

of air, water, soil and ecosystems, quickly followed, particularly in USA, Europe, Australia and

New Zealand. Since then, environmental protection has become an important element of the

domestic legal systems of all developed countries and many developing country. Since the

1980s, environmental law has also become an important component of international laws. Some

of the issues of environmental laws are conservation, protection and improvement of human

environment, which are the major issues. Human environment are classified into two, as physical

environment and biological environment. Physical environment covers land, water and air.

Biological environment are independent.

Further the environment protection act 1986, was adopted to provide for the protection and also

for the improvement of the quality of environment and preventing, controlling environment

pollution. The act came into existence soon after the Bhopal gas tragedy. Then further,

environment has also defined to include water, air and land and the inter relationship which

exists among and between water, air and land and human beings, plants, property etc.

Constitution of India states that it is the duty of the state to improve and protect environment, and

to also safeguard the forest and wildlife of the country. The department of environment in India

came I into force in the year 1980, later it became the ministry of environment and forests in

1985.

The protection of environment is the responsibility of both the central and state government. And

the environment day is celebrated on June 5th

every year.

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The following is the list of the environmental legislations that have come into force:

-General

-Forest &wildlife

-Water

-Air

Taj Mahal Case

In the case of Taj mahal, located in Delhi, India the Supreme Court regulated certain conditions

that if coal and coke based industries in Taj Traspezium which were actually creating problems

to Taj must change to natural gas or it must be re located outside the Taj Traspezium. The

protection against plants planted in and around Taj was directed by the Supreme Court by which

the protection is done by the forest department under the forest divisional officer. Agra has to

also take steps for looking after the watering of the plants located in an around. On the basis of

the copy of the report the union government is made to release the funds at the earliest, without

waiting for the receipt of the U.P government. Further in any case, for the want of funds the

officer is appointed to make sure that the plants does not get washed away.

Dehradun Valley Case

In this case, the upset the hydrological system of the valley had certain reason, that carrying

haphazard and very dangerous limestone quarrying in Mussorie Hill of the Himalaya mines

blasting out the hills with the dynamite and also extracting limestone from thousands of acres of

land. The Supreme Court observed and also closed down the limestone quarrying in the hills. But

it is a price that has to be definitely paid for the protection and also for the safeguarding the right

of the individual to live in a really healthy environment. And also with the minimum disturbance

of ecological balance.

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Sri Ram Food and Fertilizer Case

In this case there was high leakage of oileum gas which actually affected a very huge number of

people in public as well as in the work place. If any individual is affected by any hazardous

activity or by any dangerous activity by the enterprise, which may be by accident or not, the

Supreme Court says that such a liability is not subject to any exception.

The Environment (Protection) Act - 1986

The Department of Environment was established on 1980 in India. Later stages in the year 1985

it became Ministry of Environment and Forests. Environment Protection Act of 1986 came into

force soon after the Bhopal Gas Tragedy. The main objective of Environment Protection Act of

1986 is to provide protection and improvement of environment.

In Environment Protection Act, article 48A, specify that the State shall protect and improve the

environment and to safeguard the forests and wildlife of the country.

According to sec 51(A) every citizen shall protect the environment. Environment Protection Act

is applicable to whole India, including Jammu &Kashmir.

Environment Protection Act is said to be ‘umbrella’ legislation because it is comprise of various

Central and State agencies under previous legislations such as Water Act, Air Act, etc.

‘Environment’ It includes air, water, land, forest or any other natural element which directly

have the relation with human beings, animals, living creatures, etc.

‘Environmental Pollutant’ refers to those elements which are in the form of air, water present in

the environment which cause harm to the environment, or tend to be injurious to environment.

Powers provided by the act to government:

Section (3): may constitute authority or authorities for the purpose of exercising of

performing such of the powers and functions.

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Section (4): may appoint a person for inspection.

Section (5): may issue directions in writing to any officers or any authority to comply.

Section (6): it empowers the government to make rules to achieve the object of the Act.

Section (7): persons carrying on industry, operation etc. not to allow emission or

discharge of environmental pollutants in excess of the standards.

Section (8): persons handling hazardous substances must comply with procedural

safeguards.

Penalty for non-compliance

The owner of the company, factory or organization who fails to comply with Environment

Protection Act shall be punishable with imprisonment for a 5years. Along with the 5 years of

imprisonment they may pay fine up to Rs.1,00,000 or with both. If owner further fail to comply

after imprisonment and payment of fine or both he may get a fine of Rs 5000 per day, still if not

comply for more than one year, then he may get maximum of 7 years.

Moreover, the state or Central Board has the power to close or cancel the licence to run the

business whichever is causing pollution.

The Environment (Protection) Rules - 1986

The rules for protecting environment given by Ministry Of Environment & Forest is known as

The Environment (Protection) Rules, 1986. Ministry Of Environment & Forest lay down rules

for various elements of industries and companies. They set standards for emission and discharge

of environment pollutants. The Central Pollution Control Board of India is established to look

after these rules for industry and companies. It is a statutory organization body established in

1974 under Water (Prevention and Control) Act of 1974. This Board serves as controlling and

also provides technical support to Ministry Of Environment & Forest of The Environment

(Protection) Rules, 1986.

The Hazardous Wastes (Management and Handling) Rules - 1989

Handling and managing the waste generated by companies or industries is not easy. There is

separate regulatory board which is known as U.P Pollution Control Board. This U.P Pollution

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control Board gives various rules and regulations in accordance with the guidelines of Ministry

Of Environment and Forest, for handling and managing the wastes.

The main aim of these rules and regulation is to protect the environment by using correct

measures of handling and management of hazardous wastes. It gives regulatory mechanism and

specifies the procedures for safe and proper handling of wastes. It includes regulations for

collection, managing, treating, storing and disposal of hazardous wastes. After getting the waste

from manufacturing process or any other processes the waste should be transferred to hazardous

waste site. The owner of that site should ensure that the hazardous waste is packages in a

condition which is suitable for storing, handling and transporting and these should be withstand

the effects from physical condition as well as climate factors. All these activities i.e. packaging,

labelling, transporting should be in accordance with the rules given by the Central Government

under Motor Vehicles Act of 1988 and other guidelines.

The Public Liability Insurance Act – 1991

Growth rate of industries were very high in recent times. It leads to raise in the growth f

hazardous industries which may cause industrial accidents. It causes harmful not only to the

employee who employed in such situation but also to the general public who lives in the

surrounding. A record says that people who are affected by these industrial accidents are from

economically weaker section of the society. And they suffer much due to delayed relief and

compensation. To help the people who suffers from industrial accidents during hazardous

installation. To prevent this uncertainty the Public Liability Insurance Bill was introduced in the

parliament. According to this bill it is mandatory to provide Public Liability Insurance from the

company which is the reason for hazardous accidents.

The Public Liability Insurance Act of 1991 is aims at providing public liability insurance for the

purpose of providing immediate relief to the persons affected by accident occurring while

handling any hazardous substance or matters connected.

The biomedical waste (management and handling) rules of 1998

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The biomedical waste management and handling rules is a legal binding on all the healthcare

institutions to streamline the process of proper handling of hospital waste such as disposal,

collection, segregation and treatment. With a view to control the indiscriminate disposal of

hospital waste or biomedical waste, MOEF has issued a notification on biomedical waste

management under the environment protection act. Government of NCT Delhi in its notification

dated on 6th

July, 1999, has authorized Delhi pollution control committee (DPCC) for the

purpose of granting authorization for reception, collection, treatment, storage and disposal of

biomedical waste to implement the biomedical waste management rules of 1998.

The municipal solid wastes (management and handling) rules of 2000

The municipal solid wastes management and handling rules 2000, this is been applied to every

municipal authority responsible for the processing, collection, segregation, transportation,

storage and disposal of municipal solid wastes which consists of demolition debris, household

waste, sanitation residue and waste from streets. This garbage is generated mainly from

commercial complexes and residential complexes. Under these rules, it is compulsory on the part

of all the municipal authorities to arrange for transportation, segregation and suitable disposal of

all municipal wastes of the municipal towns or cities.

The noise pollution (regulation and control, amendment) rules of 2002

The noise pollution rules laid down by the regulation and control amendment says that some

terms and conditions are there necessary to reduce noise pollution and permit use of loud

speakers or public address systems during night hours (between 10:00 pm to 12:00 midnight) on

or during any religious or cultural festive season. These rules are applied to diesel generator sets

as well. According to this act the maximum sound pressure that is allowed for new (DG) sets

with capacity up to 1000 KVA, manufactured on or after July 1, 2003, will be 75 decibel at 1

meter from the surface of enclosure. Moreover, towards following these rules, the DG sets

should be provided with an integral acoustic enclosure at the stage of manufacturing itself.

Forest and wildlife

Indian Forest Act 1927 and Amendment 1984

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Indian Forest Act 1927 and Amendment 1984 enacted by the Indian parliament for rapid

deforestation and the resulting environment degradation. This act was enacted to consolidate the

law related to forest, the transit of forest produce, and the duty chargeable against timber and

other forest produce. This act tell what a forest offence is, what are the acts prohibited inside a

reserved forest, what are the penalties that can be imposed on the violation of the provisions of

the act and the procedure to be followed for declaring an area to be a reserved forest, a protected,

or a village forest.

Forest (conservation) Act 1980 and rules 1981

This Act was enacted by the parliament to check further deforestation and conserve forests.

Forestry laws govern activities in designated forest lands, most commonly with respect to forest

management and timber harvesting. It strictly restricts and regulates the de-reservation of forests

or use of land for non-forest purposes without the prior approval of Central Government. This

Act also lays down the pre-requisites for the diversion of forest land for non-forest purposes.

Governmental agencies are generally responsible for planning and implementing forestry laws

on public forest lands, and involved in forest inventory, planning and conservation and oversight

of timber sales. The Act provides for the punishment of imprisonment, extendable to fifteen days

for the contravention of the provisions of the Act. These punishments are given by Government

Departments, including Head of departments and authorities. Persons can escape criminal

liabilities if they can prove that the offence was committed without their knowledge, they had

exercised all due to diligence to prevent the committing of such offences

CASE LAWS: Felling of trees – Whether act applies to trees standing on privately owned land?

Following the view in the decision of Supreme Court as reported In AIR 1997 SC 1228, the Act

applies to any forest land whether declared as private Forest or not, and whether the forest is a

reserve forest or not – Once the land satisfies the Description of being a forest land, it has to be

taken that the Act would have application And no permission to fell trees could be granted

without prior concurrence of the Central government.

Wildlife Protection Act 1972

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Wildlife Protection Act 1972, Rule 1973, and Amendment 1991 was to provide for the protection

of birds and animals. This Act empowers the central and state governments to declare any area a

wildlife sanctuary national park, or closed area. There is a ban on carrying out any industrial

activity inside protected areas. It provides for authority to look after and to implement the Act to

regulate the hunting of wild animals, protect specified plants, sanctuaries, national parks, and

closed areas, and restrict trade or commerce in wild animal’s articles and miscellaneous matters.

The Act prohibits hunting of animals except with permission of authorized officer when an

animal has become dangerous to human life or property or is disabled or diseased beyond

recovery. Wildlife laws govern the potential impact of human activity on wild animals.

Regulatory efforts may including the creation of special conservation statuses, prohibitions on

killing, harming, or disturbing protected species, efforts to induce and support species recovery,

establishment of wildlife refuges to support conservation, and prohibitions on trafficking in

species or animal parts to combat poaching. This Act provides with imprisonment for extent of 3

years, or fine extending up to Rs 25000 or both.

WATER POLLUTION PROTECTION LEGISLATIONS

The Easement act 1882

Easement act is an act where the owner of the land enjoys his rights for the beneficial enjoyment

of that land to do or continue to do something, or to prevent and continue to prevent something

being done, in or upon or in respect of, certain other land not his own. The land for the beneficial

enjoyment of which the right exists is known as dominant heritage, and the owner is therefore

called as a dominant owner. Further the owner of the land is also called servient owner this is

because the land on which the liability is imposed is called the servient heritage. In the above,

land basically includes things permanently attached to the earth. Beneficial enjoyment includes

possible convenience, remote advantage etc, ‘to do something’ includes removal and

appropriation by the dominant owner, for the beneficial enjoyment of the dominant heritage.

Easement can be the following example.

A, as the owner of a certain house, has the right to conduct water from B’s stream to supply the

fountains in the garden attached to the house. This is an easement.

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The following right is not an easement.

A dedicates to the public the right to occupy the surface of certain land for the purpose of passing

and re-passing. This is not an easement.

The Indian Fisheries Act 1897

The Indian fisheries act 1897 is an act to provide for certain matters relating to fisheries. In this

act, unless there is anything repugnant in the subject or context- ‘fish’ includes shell-fish, ‘fixed

engine’ means any net, cage, trap or other contrivance for taking fish, fixed in the soil or made

stationary, ‘private water’ means water which is exclusive property of any person. Further this

act says that if any person uses any dynamite or other explosive substance in any water with

intent thereby to catch or destroy any of the fish that may be therein, he shall be punishable with

imprisonment for time period for two months, which may also extend more than two months, or

with fine which may extend to two hundred rupees. If any person puts any kind of poison, lime

or noxious material into any water with intend thereby to catch or destroy any fish, he shall be

punishable.

The Inland Stream Vessel Act 1917

This act basically means Inland vessel or inland mechanically propelled vessel means a

mechanically propelled vessel which ordinarily plies on any inland water. Inland water means

any canal, river, lake etc., mechanically propelled vessel means every description of vessel

propelled wholly or in part by electricity, stream or other mechanical power, passenger includes

any person carried in a mechanically propelled vessel other than the master and crew and the

owner, his family and servants, prescribed means prescribed by any rules under this particular

act.

The inland vessel act 1917 was later modified to the 1st November 1986. This act extends to the

whole of India except the state of Jammu and Kashmir.

The River Boards Act 1956

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River board were authorities who actually controlled land drainage systems, fisheries and river

pollution and also had other functions relating to rivers, streams and inland waters in England

and Wales between 1950-1965.

This is an act to provide for the establishment of river for the regulation and development of

inter-state rivers and river valleys.

The Water (Prevention And Control Of Pollution) Act 1974

This is an act to provide for the prevention and control of water pollution and maintaining or

restoring of water with a point of view to carry out the purposes of boards for the prevention and

control of water pollution for conferring on and assigning to such boards power and functions

relating for matters relating or connected to it.

KINNARD FARMS CAFO EXPANSION WATER POLLUTION PERMIT CHALLENGE.

In October 2012, neighbors of the proposed expansion of a large, concentrated animal feeding

operation (CAFO) filed a petition with the Wisconsin Department of Natural Resources (DNR)

to request a review of the water pollution permit issued to Kinnard Farms Inc. in the Town of

Lincoln, Kewaunee County, Wisconsin.

Petitioners are concerned that an expansion of Kinnard’s industrial dairy will produce so much

farm waste that its plans to manage, store, and spread manure on area land will result in runoff

into area surface and downstream waters, and will contaminate the groundwater on which the

families rely for drinking water. The DNR issued the permit before the CAFO’s design plans for

the expanded facility were complete and reviewed and approved by the DNR. This denied the

public’s right to review and voice their concerns about the expansion and hampered the agency’s

ability to determine whether additional conditions or monitoring were necessary to protect the

area’s land and water. The agency also did not include a limit on the number of cows at the

dairy, which is essential to an enforceable permit.

The five petitioners live near or share property lines with the proposed CAFO expansion and

have deep concerns about the impact of the dairy’s waste management on the health of their

families, their land and their water. Some have lived their entire lives in the rural town. To them,

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property means more than acreage. Their land is their home, where they have raised children,

enjoyed recreation and wildlife, peace, quiet and fresh country air.

But they also understand the geological features of the Karst region, which has deeply cracked

land that does not filter rain or runoff like other soils do and is particularly prone to groundwater

pollution. Polluted groundwater is already a health concern for people who live in the area.

According to Kewaunee County Land and Conservation Department records, 50% of private

wells tested in the Town of Lincoln are unsafe to drink, either because they tested positive for

total coliform bacteria or because they exceed groundwater quality standards for nitrates (for an

interactive map of groundwater quality in Wisconsin,. Further, for residents with asthma and

chronic obstructive pulmonary disease, living near manure lagoons filled with the untreated

waste from thousands of cows turns fresh, country air into aggravated health problems.

After citizens filed their petition with the DNR, the agency granted the request for a contested

case hearing with the Wisconsin State Division of Hearings and Appeals. Kinnard Farms

intervened and asked the Division to dismiss the case. The appeals division dismissed the request

for summary judgment and a contested case hearing was held in Green Bay on February 11-14.

Attorneys completed a briefing schedule and Midwest Environmental Advocates filed the on

behalf of the petitioners on June 27, 2014. State Division of Hearings and Appeals’ Judge Boldt

now has 90 days to decide the outcome of the case.

AIR POLLUTION:

Air pollution occurs when the air contains gases, dust, fumes or odor in harmful amounts. That is

which could be harmful to the health of living beings on earth

AIR POLLUTION PROTECTION LEGISLATIONS:

A brief account of major air pollution protection legislations are given below

THE FACTORIES ACT, 1948

The Factories Act, 1948, was the first to express concern about the working environment of the

workers. It is an Act to consolidate the workers in the factory. It ensures the safety and health of

the workers, the Act contributes to environmental protection. The Act contains a comprehensive

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list of 29 categories of industries involving hazardous processes, which are defined as a process

or activity where unless special care is taken, raw materials used therein or the intermediate or

the finished products, by-products, wastes or effluents would:

(a) Cause material impairment to the health of the persons engaged

(b) Result in the pollution of the general environment

The amendment of 1987 has concentrated more on the environment and given stricter guidelines

regarding hazardous processes. The amendment needs to follow the compulsory disclosure of

information by the occupier of every factory involving a hazardous process:

(1) The occupier of every factory must disclose all the dangers and hazards that the workers, and

people around the factory face and also mention the measures to overcome these hazards

(2) The occupier shall, at the time of registering theknown to the workers employed therein and

to the general public living in the area of the factory the safety measures required to be taken in

the event of an accident taking place.

(5) Every occupier of a factory shall inform the Chief Inspector of the nature and details of the

process in such form and in such manner as may be prescribed.

6. If the occupier of a factory doesn’t follow the provisions of subsection (5), the license issued

under Section 6 to such factory shall, be liable for cancellation.

7. The occupier of a factory involving a hazardous process shall, with the previous approval of

the Chief Inspector, lay down measures for the handling, usage, transportation, and storage of

hazardous substances inside the factory premises and the disposal of such substances outside the

factory premises and publicize them in the manner prescribed among the workers and the general

public living in the vicinity.

The Air (Prevention and Control of Pollution) Act, 1981

The objective of this Act is to provide for the prevention, control and abatement of air pollution,

for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for

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conferring on and assigning to such Boards powers and functions relating thereto and for matters

connected there with.

The main functions of the Central Board, as specified in Section 16 of the Act.

Advise the Central Government on any matter concerning the improvement of the quality

of air and the prevention, control or abatement of air pollution

Plan and cause to be executed a national wide program for the prevention, control or

abatement of air pollution

Coordinate the activities of the State Boards and resolve disputes among them

Provide technical assistance and guidance to the State Boards, carry out and sponsor

investigations and research relating to problems of air pollution and prevention, control

or abatement of air pollution

Plan and organize the training of persons engaged or to be engaged in programs for the

Can prevention, control or abatement of air pollution on such terms and conditions as the

Central Board may specify

Organize through mass media a comprehensive program regarding the prevention,

control or abatement of air pollution

Collect, compile and publish technical and statistical data relating to air pollution and the

measures devised for its effective prevention, control or abatement and prepare manuals,

codes, or guides relating to prevention, control or abatement of air pollution

Lay down standards for the quality of air

Collect and disseminate information in respect of matters relating to air pollution

Perform such other functions as may be prescribed, under Rules or under an Order.

The Air (Prevention and Control of Pollution) Rules, 1982

The Air (Prevention and Control of Pollution) Rules, 1982, define the procedures of the meeting

of the Central Pollution Control Boards and the powers entrusted to them.

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The Atomic Energy Act, 1982

The Atomic Energy Act, 1982, deals with the radioactive waste. The Act provides for the

development, control, and use of atomic energy for the welfare of the people of India and for

other peaceful purposes and for the matters connected therewith. The purpose of the Atomic

Energy Act (AEA) is to assure the proper management of source, special nuclear material, and

byproduct material.

The Air (Prevention and Control of Pollution) Amendment Act, 1987

The Air (Prevention and Control of Pollution) Amendment Act, 1987, empowers the Central and

State Pollution Control Boards (SPCBs) to meet with grave emergencies of air pollution.

CONCLUSION:

•Environment pollution are affecting all the countries therefore awareness towards improving the

quality of environment has drastically increased and all efforts are being made at to decrease the

environmental pollution and help in improving the quality of life.

• The main focus of environment management is to utilize the resources properly and

control and recycling of the resources for maintaining a balanced ecosystem.

• The effective environmental management is based on scientific and technical approaches.

The objective is optimum allocation of finite resources among the various possible uses

• Environmental management is an approach which is related to resource conservation and

it acts as a regulatory force on human wasting.

• The Twelfth Five Year Plan has emphasized the need for sound environmental

management. It includes environmental planning, protection, monitoring, assessment, research,

education, and conservation as major guiding factors for national development.

• Since environmental pollution is a world-wide phenomenon there is a need to have a

coordinated administrative structure from international level to national levels so that the

environmental problems may be tackled effectively.

• Since India is a “soft State” it has excellent environmental laws, but politics and

corruption prevent their effective implementation. The result has been disastrous for our

environment and hence for the economy too, as we are now seeing

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References:

Legal Aspects of Business(3E)- Ravinder Kumar,2013

http://www.environmentallawsofindia.com/the-environment-definitions-and-acts.html

http://www.edugreen.teri.res.in/explore/laws.htm

http://www.envfor.nic.in/legis/env/env1.html

www.findlaw.com

www.leginfo.ca.gov/calw.html

www.loc.gov/law

www.midewestadvocates.org