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Environmental act and legislation

Aji R LalAswathy Mohan

INTRODUCTION

India has worlds largest democracy with population of 1.1 billion. It is diverse country with number of languages, religions, cultures etc. During the past decades also the economic and industrial growth of the country has been extremely fast.

Increasingly serious environmental degradation events during the last century have given a strong impetus to the need for taking effective steps of environmental protection.

Environmental protection law in India

Constitution of India has a number of provisions demarcating's the responsibility of the central and state/governments towards ‘environmental protection’. The constitution of India makes provision for environmental protection in the chapters on:

• Fundamental Rights

• Directive Principles of State Policy

• Fundamental Duties

• The parliament of India has passed several acts ands laws in order to protect the environment.

Features and objectives of the Act

The Environment (Protection) Act, 1986 (passed in March 1986 and came into force on 19 Nov. 1986).

1. The E.P. Act was enacted under Art.253 of the Constitution of India.

The Act seeks to supplement the existing laws on control of Pollution by enacting a general legislation for environmental protection and to fill the gaps in regulations relating to major environmental hazards.

Contd…..

The Act makes the central government, the repository of wide powers.

(whereas the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control) Act, 1981 entrust the task of control of pollution on agencies created by the statute namely state and central pollution control boards.)

Rule making power of the Central Govt. is the main feature of this Act.

Contd…….

The objective of the E.P. Act is much wider in comparison to water Act and Air Act.

(While the Air Act and Water Act deal with prevention and control of specific kinds of pollution, the E.P. Act deals with prevention and control of all sorts of pollution.

Besides prevention and control, the Act aims at protection and improvement of the Environment.

Scheme of the Act

The Act consists of –

(a) 26 Sections divided into four chapters.

Chapter I – Secs. 1 and 2 (PRELIMINARY)

Chapter II – Secs. 3 to 6 (GENERAL POWERS OF THE CENTRAL GOVERNMENT)

Chapter III – Secs. 7 to 17 (PREVENTION, CONTROL, AND ABATEMENT OF ENVIRONMENTAL POLLUTION)

Chapter IV – Secs. 18 to 26 (MISCELLANEOUS)

(b) Seven Schedules dealing with emission standards of air, noise, effluents etc. have been appended to the Act.

(c) Various Rules Including Environment (Protection) Rules have been framed under the Act

Environment Pollution - Meaning

Sec. 2 ( a ) of the Act defines the term Environment. “Environment includes water, air and land and the inter- relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property.”

Contd….

Sec. 2 (b) defines Environmental Pollutant:

“environmental pollutant" means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment.

Contd.

Sec. 2 (c) defines environmental pollution:

"environmental pollution" means the presence in the environment of any environmental pollutant

General Powers of the Central Government

1. To take all necessary measures for prevention, control and abatement of environmental pollution. Sec. 3(1)

2. Such measures are enlisted in sec. 3(2)

3. Authorities can be constituted . Sec. 3(3)

4. Appointment of Officers. Sec. 4

5. To issue Directions and orders. Sec. 5

Section 3 - POWER OF CENTRAL GOVERNMENT TO TAKE MEASURES TO PROTECT AND IMPROVE ENVIRONMENT

(1) Subject to the provisions of this Act, the Central Government, shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution.

(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely:--

Contd….

(i) Co-ordination of actions by the State Governments, officers and other authorities-

(a) under this Act, or the rules made there under, or

(b) under any other law for the time being in force which is relatable to the objects of this Act;

(ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution;

Contd..

(iii) laying down standards for the quality of environment in its various aspects;

(iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever;

(v) restriction of areas in which any industries ,operations or processes or class of industries ,operations or processes shall not be carried out or shall be carried out subject to certain safeguard;

(vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents;

(vii) laying down procedures and safeguards for the handling of hazardous substances;

(viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution;

(ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution;

Water prevention and pollution control Act

It was a shame on us that we the people of India had to legislate an act for preventing and controlling pollution of WATER by our own countrymen.

The law of the land can not provide non contaminated Milk to the children; can not provide non contaminated eatables to the people of India and not even pure water.

Shame on the regulators who for their greed for money let the enemies of common man of India, to pollute the water of Rivers and streams.

Shame on Indian Industrialists and municipalities which discharge untreated water in the Rivers.

Is this the Indian Culture? We have not prosecuted the offenders of the acts for polluting our sacred Rivers.

The Water (Prevention and Control of Pollution) Act, 1974

The need for legislating the act was felt in the year 1962, it was the same year when Independent India fought its first war with China. A committee was set up in 1962 to draw a draft enactment for the prevention of water pollution.

The object for legislating the act was given as “ It is, therefore, essential to ensure that the domestic and industrial effluents are not allowed to be discharged into the water courses without adequate treatment as such discharges would render the water unsuitable as sources of drinking water as well as for supporting fish life and for use in irrigation. Pollution of rivers and streams also causes increasing damage to the country’s economy.”

Pollution defined in the Act

It means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial industrial agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisms. (section 2(e) of the Act)

Water Pollution

Meetings of the Board

A board shall meet at least once in every three months and shall observe such rules of procedure in regard to the transaction of business at its meeting as may be prescribed.

Provided that if, in the opinion of the Chairman, any business of an urgent nature is to be transacted, he may convene a meeting of the Board at such time as he thinks fit for the aforesaid purpose

Powers and Duties of the Member Secretary of the Board

Member Secretary of a Board is the only member of the Board who is appointed and not nominated by the State Government.

He is the only one who has to be full time Member of the Board.

He is the only one whose term as a member of the Board is not fixed for three years.

The terms and conditions of service of the Member-Secretary has to be prescribed by the State Government.

Prohibition on use of stream or well for disposal of polluting matter, etc;

There are prohibitions on the persons against causing or permitting any poisonous, noxious or polluting matter for entering whether directly or indirectly into any stream or well or sewer or on land, above than the standards laid down for the same. [section 24(1)(a)]

The prime object of the Act as declared in the preamble and embodied in the provisions of Section 24 is to provide for prevention and control of water pollution and the maintaining and/or restoring of wholesomeness of water. Therefore, provisions ar made to prevent direct or indirect entry into any stream, well or polluting water.( Dahyathai Soanki v. State of Gujrat, 2003 Cr. L. J. 767 at p. 772)

Penalty and procedure

Whoever fails to comply with any directions given under sub section (2) or sub section (3) of Section 20 within such time as may be specified in the direction shall, on conviction, be punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees or with both and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure.

If the failure referred above continues beyond a period of one year after the date of conviction, the offender shall on conviction be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine.

The Air (prevention and control of pollution) Act, 1981The presence in air, beyond certain limits, of various pollutants discharged through industrial emission and from certain human activities connected with traffic, heating, use of domestic fuel, refuse incinerations, etc; has a de tremental effect on the health of the people as also on animal life, vegetation and property.

The Central Government legislated the bill to implement the decisions taken regarding the preservation of the quality of Air and control of air pollution, in Stockholm in the United Nations Conference on the Human Environment, held in June, 1972. (source Gazette of India, Extraordinary, Pt. 11, Sec. 2, dated the 24th November, 1980)

Definitions

“Air pollutant” means any solid, liquid or gaseous substance including noise present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment.

“Approved appliance” means any equipment or gadget used for the burning of any combustible material or for generating or consuming any fume, gas or particulate matter and approved by State Board for the purpose of this Act.

“Approved fuel” means any fuel approved by the State Board for the purposes of this Act.

“Chimney” includes any structure with an opening or outlet from or through which any air pollutant may be emitted.

“Control equipment” means any apparatus, device, equipment or system to control the quality and manner of emission of any air pollutant and includes any device used for securing the efficient operation of any industrial plant.

Bodies constituted to enforce the Act

Central Pollution Control Board constituted under section 3 of the Water (Prevention and control of Pollution) Act, 1974 was authorized to exercise the powers and performs the functions for the prevention and control of air pollution.

State Pollution Control Boards constituted under section 4 of the Water (Prevention and control of Pollution) Act, 1974 was authorized to exercise the powers and performs the functions for the prevention and control of air pollution

Function of central board

The main functions of the Central Board is to improve the quality of air and to prevent, control or abate air pollution in the country

► Advice the Central Government on any matter concerning the improvement of the quality of air and the prevention, control or abatement of air pollution.

► Provide technical assistance and guidance to the State Board, carry out and sponsor investigations and research relating to problems of air pollution and prevention, control or abatement of air pollution.

► Perform such of the functions of any state board as may be specified in an order made under sub-section 2 of section 18

► lay down standards for the quality of air.

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

National Minimum Standards for Air Quality

The new National Minimum standards for Air Quality has been notified by the CPCB under sub-section (2)(h) of section 16 of the Act on 18th November 2009, and has been made effective from that date, for whole of India

In the new notification only two categories of area has been created Eco Sensitive Areas (notified by Central Government) and non Eco Sensitive Area.

Air Pollutants……

Due to industries…

Standards for Emissions of air pollutants

Till The Environment (Protection) Act, 1986 was legislated by the Parliament of India, the State Boards were having powers to lay down the standards for air pollutants to be discharged in the atmosphere, under clause (g) of sub-section (1) of Section 17.

Since 1986, Central Government has been issuing Standards for Emissions under the provisions of Environment protection Act and its Rules. These standards has been specified in schedule 1 to VI of the Environment (Protection) Rules 1986.

Central Board or State Boards may specify more stringent standards than those specified in schedule 1 to VI of the EP Rules.

ATTENTION

The Air Act is a beneficial legislation which is enacted for the purpose of proper maintenance of nature and health of public at large. Hence, even if it is possible to have two opinions on the construction of the provisions of the Act, the one which advances the object of the Act and is in favor of the people at large for whose benefit the Act is Passed, has to be accepted. (AIR 2005 S.C. 3136)

Thank Youuuuu….