environmental laws and regulations – indian scenario
TRANSCRIPT
Importance of Environment
• Types of Environment:• Physical / Natural• Social / Political / Economic • Most environmental issues primarily focus on
Physical & Natural environment
Significance of Biosphere• Three Environmental compartments
• Atmosphere• Hydrosphere• Lithosphere
• Three types of matter/ wastes– Gas– Liquid– Solid
• All resources obtained from environment, wastes discharged into environment
• Environment uses the wastes to recycle them into resources - Biogeochemical cycles
Upsets in the equilibrium results in adverse impacts on the ecosystems
Causes for upsets : Natural ---- Volcanos, landslides
Matter of concern -- Anthropogenic ( manmade)
Real Problem : Over population, industrialization and urbanization Increasing
consumptive lifestyle
Paradigm of sustainable development
Case study 1
• Thermal power plant using coal :– Mining of coal– Transportation– Combustion– Electricity generation, transmission– Employment generation– Infrastructure development– Land degradation, displacement– Loss of biodiversity– RM & product pricing
Constitutional Provision
• India is one of the very few countries to accord environmental protection a constitutional status.
• In the Constitution of India it is clearly stated that
• (Article 48A(1) - Directive Principles) Protection and improvement of environment and safeguarding of forests and wild life - The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country
• 51A. Fundamental duties- It shall be the duty of every citizen of India - to ‘To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
• The constitutional provisions are backed by a number of laws – acts, rules, and notifications.
• The Department of Environment was established in India in 1980 to ensure a healthy environment for the country. This later became the Ministry of Environment and Forests in 1985 (MoEF).
• The EPA (Environment Protection Act), 1986 came into force soon after the Bhopal Gas Tragedy and is considered an umbrella legislation as it fills many gaps in the existing laws.
•Thereafter a large number of laws came into existence as the problems began arising, for example, Handling and Management of Hazardous Waste Rules in 1989, The Municipal Solid Wastes (Management and handling) rules in 2000
•Following is a list of the environmental legislations that have come into effect:GeneralForest and wildlifeWaterAir
General 1986 - The Environment (Protection) Act authorizes the central government to protect and improve environmental quality, control and reduce pollution from all sources, and prohibit or restrict the setting and /or operation of any industrial facility on environmental grounds.1986 - The Environment (Protection) Rules lay down procedures for setting standards of emission or discharge of environmental pollutants.1989 - The objective of Hazardous Waste (Management and Handling) Rules is to control the generation, collection, treatment, import, storage, and handling of hazardous waste.
1989 - The Manufacture, Storage, and Import of Hazardous Rules define the terms used in this context, and sets up an authority to inspect, once a year, the industrial activity connected with hazardous chemicals and isolated storage facilities. 1989 - The Manufacture, Use, Import, Export, and Storage of hazardous Micro-organisms/ Genetically Engineered Organisms or Cells Rules were introduced with a view to protect the environment, nature, and health, in connection with the application of gene technology and microorganisms.
1991 - The Public Liability Insurance Act and Rules and Amendment, 1992 was drawn up to provide for public liability insurance for the purpose of providing immediate relief to the persons affected by accident while handling any hazardous substance.
1995 - The National Environmental Tribunal Act has been created to award compensation for damages to persons, property, and the environment arising from any activity involving hazardous substances.
1997 - The National Environment Appellate Authority Act has been created to hear appeals with respect to restrictions of areas in which classes of industries etc. are carried out or prescribed subject to certain safeguards under the EPA.
1998 - The Biomedical waste (Management and Handling) Rules is a legal binding on the health care institutions to streamline the process of proper handling of hospital waste such as segregation, disposal, collection, and treatment.
1999 - The Environment (Siting for Industrial Projects) Rules, lay down detailed provisions relating to areas to be avoided for siting of industries, precautionary measures to be taken for site selecting as also the aspects of environmental protection which should have been incorporated during the implementation of the industrial development projects.2000 - The Municipal Solid Wastes (Management and Handling) Rules, apply to every municipal authority responsible for the collection, segregation, storage, transportation, processing, and disposal of municipal solid wastes.
2000 - The Ozone Depleting Substances (Regulation and Control) Rules have been laid down for the regulation of production and consumption of ozone depleting substances.
2001 - The Batteries (Management and Handling) Rules, 2001 rules shall apply to every manufacturer, importer, re-conditioner, assembler, dealer, auctioneer, consumer, and bulk consumer involved in the manufacture, processing, sale, purchase, and use of batteries or components so as to regulate and ensure the environmentally safe disposal of used batteries.
2002 - The Noise Pollution (Regulation and Control) Rules lay down such terms and conditions as are necessary to reduce noise pollution, define standards for equipments such as DG sets, machines etc, permit use of loud speakers or public address systems during night hours (between 10:00 p.m. to 12:00 midnight) on or during any cultural or religious festive occasion
2002 - The Biological Diversity Act is an act to provide for the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits
Coastal Zone Management Notification 2011
• Background:
• The implementation of CRZ notification ignored by state governments.
• Vested interests from various lobbies (tourism, industry, etc.)- tried to violate CRZ notification.
• CRZ notification amended 19 times- rendered the law more impotent.
• Tsunami- 26th December 2004- intensified the importance of this committee
The National Green Tribunal Act, 2010
Objectives:1.The effective and speedy disposal of the cases
relating to environment protection and conservation of forests and other natural resources. All the previous pending cases will also be heard by the Tribunal.
2.It aims at enforcing all the legal rights relating to the environment.
3.It also accounts for providing compensation and relief to effected people for damage of property.
ENVIRONMENT (PROTECTION) ACT, 1986
• An umbrella act for protection and improvement of environment and for matters connected with it. It provides that:
• “No person carrying on any industry, operation or process should discharge or emit or permit to be discharged or emitted any environmental pollutant in excess of such standards as may be prescribed” Section 15 of the Act provides for imprisonment and fine for violation of the provision of the Act.
The power conferred by the Environment Protection Act are followed under the following heads
Amendments to Principal RulesCoastal Regulation Zone Delegation of PowersEco-marks SchemeEco-sensitive ZoneEnvironmental Clearance - GeneralEnvironmental Labs
Environmental StandardsHazardous Substances ManagementLoss Of EcologyNoise Pollution Ozone Layer DepletionWater Pollution 2-T Oil
EIA Notification, 1994
• The EIA Notification of 1994 made the environmental clearance mandatory for all new projects and expansion/modernisation of existing projects covering 29 disciplines which include hydro-power, major irrigation and flood control projects. Its amendment in 1997 made it mandatory to hold environmental public hearing before according environmental clearance. It was later superseded by EIA Notification of September 2006.
EIA Notification, 2006• As per EIA Notification, 1994, all the projects
were dealt for environmental clearance by the Union Ministry of Environment & forests. However, as per EIA Notification of 2006, only category ‘A’ projects i.e. 50 MW or more of hydro power generation and 10,000 ha or more of culturable command area would be dealt by the Union Ministry of Environment & forests. Rest of the projects i.e. category ‘B’ projects would be dealt by the respective State Level Environment Impact Assessment Authorities.
FOREST CONSERVATION ACT-1980
• Country losing forest cover at an alarming rate
• However, deforestation due to WRD projects limited to only a small % of the total forest that has been lost during the last few decades
• Against this loss the WRD Projects have created biomass including tree crops & other plantations several times over the forest lost.
• Availability of electricity from hydro-power projects, in fact, checks
demand of fuel & fire wood that greatly contribute to deforestation.
National Water Policy
•National Water Policy (1987 ) – envtal & social concerns reflected•Need for integrated and multi-disciplinary approach to planning & implementation of projects including env & ecological aspects and rehabilitation of effected people •Preservation of quality of env and ecological balance a prime consideration in planning , implementation and operation of projects•Modified in 2002 and 2012•Not backed by any laws•National Water Framework Law under consideration of MOWR
National forest policy 1988
• Salient features: Maintenance of environmental stability through
preservation and restoration of the ecological balance. Conservation of natural heritage of country by preserving
remaining forests. Checking soil erosion and extension of sand dunes. Increasing forest cover by afforestation. Meeting basic requirements of people (fuel,timber,food) Efficient utilization of forest produce. For conservation of biological diversity, a network of
national parks, sanctuaries, biosphere reserves and other protected areas should be extended and properly managed.
• National Environment Policy, 2006
The first initiative in strategy-formulation for
environmental protection in a comprehensive manner.
It undertakes a diagnosis of the causative factors of
land degradation with a view to flagging the remedial
measures required in this direction.
It recognizes that the relevant fiscal, tariffs and
sectoral policies need to take explicit account of their
unintentional impacts on land degradation
Role of Judiciary in Imparting Environmental Justice
The Judiciary has come up with the “judge-
driven implementation” of environmental
administration in India.
It has isolated specific environmental law
principles upon interpretation of Indian
Statutes and Constitution.
Public Interest Litigations (PILs) which is the
result of the relaxation of the locus standi rules
by the judiciary, is the characteristic feature of
the environmental litigation in India.28
Role of Judiciary in Imparting Environmental Justice
Disputes relating to environment are treated
as cases related to violation of fundamental
rights, rather than claims under law of torts.
It has been held that the Supreme Court and
the High Courts can be directly approached
under Article 32 and Article 226 of the
Constitution of India in case of matters relating
to environment.
29
Role of Judiciary in Imparting Environmental Justice (Contd.)
The orders of the Supreme Court and the High Courts cover a
wide range of areas including air, water, solid waste, hazardous
wastes, forests, mining activities, and architectural treasures.
Policy Statements of the government, which otherwise are not
enforceable in Courts, have been used as aids by the Judges for
interpreting environmental statutes and for spelling out
obligations of the Government.
30
Judicial Decisions
“If the mere enactment of the laws relating to protection of environment was to ensure a clean and pollution free environment, then India would, perhaps, be the least polluted country in the world. But this is not so. There are stated to be over 200 Central and State statutes which have at least some concern with environment protection, either directly or indirectly. The plethora of such enactments has, unfortunately, not resulted in preventing environmental degradation which on the contrary, has increased over the years.
Development and Environment
• Development & environment – two sides of same coin ( oft repeated )
• Talk of integration of env concerns into dev process
• Still controversies continue• Reasons ? – misinformation and
misconceptions
Development & Environment(cont)
• Society divided in – developers and conservationists
• Developer feels Conservationist is out to stop all development
• Conservationist feels Developer is out to degrade all environment
• Need for collaboration & co-ord
Thank You