Environmental act and legislation

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 demarcatings the responsibility of the central and state/governments towards ‘environmental protection’. The constitution of india makes provision for environmental protection in the chaptersa 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 termEnvironment. “Environment includes water,air and land and the inter- relationship whichexists 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 suchconcentration as may be, or tend to be,injurious to environment.

Contd.

Sec. 2 (c) defines environmental pollution:

"environmental pollution" means the presence in theenvironment 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 CentralGovernment, shall have the power to take all suchmeasures as it deems necessary or expedient forthe purpose of protecting and improving thequality of the environment and preventing,controlling and abating environmental pollution.

(2) In particular, and without prejudice to thegenerality of the provisions of sub-section (1), suchmeasures may include measures with respect to allor any of the following matters, namely:--

Contd….

(i) co-ordination of actions by the StateGovernments, officers and other authorities-

(a) under this Act, or the rules madethereunder, or

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

(ii) planning and execution of a nation-wideprogramme for the prevention, control andabatement of environmental pollution;

Contd..

(iii) laying down standards for the quality ofenvironment in its various aspects; (iv)laying down standards for emission or discharge ofenvironmental pollutants from various sourceswhatsoever;

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

(vi) laying down procedures and safeguardsfor the prevention of accidents which maycause environmental pollution and remedialmeasures for such accidents;

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

(viii) examination of such manufacturingprocesses, materials and substances as arelikely to cause environmental pollution;

(ix) carrying out and sponsoring investigationsand research relating to problems ofenvironmental pollution;

Water prevention and pollution control act

It was a shame on us that we the people of Indiahad to legislate an act for preventing andcontrolling pollution of WATER by our owncountrymen.

The law of the land can not provide noncontaminated Milk to the children; can not providenon contaminated eatables to the people of Indiaand not even pure water.

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

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

Is this the Indian Culture? We have not prosecutedthe offenders of the acts for polluting our sacredRivers.

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

The need for legislating the act was felt in the year1962, it was the same year when Independent Indiafought its first war with China. A committee was setup in 1962 to draw a draft enactment for theprevention of water pollution.

The object for legislating the act was given as “ It is,therefore, essential to ensure that the domestic andindustrial effluents are not allowed to be dischargedinto the water courses without adequate treatment assuch discharges would render the water unsuitableas sources of drinking water as well as for supportingfish life and for use in irrigation. Pollution of riversand streams also causes increasing damage to thecountry’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)

Some water pollution pics……

Meetings of the Board

A board shall meet at least once in every three monthsand shall observe such rules of procedure in regard to thetransaction of business at its meeting as may beprescribed.

Provided that if, in the opinion of the Chairman, anybusiness of an urgent nature is to be transacted, he mayconvene a meeting of the Board at such time as he thinksfit for the aforesaid purpose

Powers and Duties of the Member Secretary of the Board

Member Secretary of a Board is the onlymember of the Board who is appointed andnot nominated by the State Government.

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

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

The terms and conditions of service of theMember-Secretary has to be prescribed by theState Government.

Prohibition on use of stream or well for disposal of polluting

matter, etc;

There are prohibitions on the persons againstcausing or permitting any poisonous, noxious orpolluting matter for entering whether directly orindirectly into any stream or well or sewer or onland, above than the standards laid down for thesame. [section 24(1)(a)]

The prime object of the Act as declared inthe preamble and embodied in theprovisions of Section 24 is to provide forprevention and control of water pollutionand the maintaining and/or restoring ofwholesomeness of water. Therefore,provisions ar made to prevent direct orindirect entry into any stream, well orpolluting water.( Dahyathai Soanki v. State ofGujrat, 2003 Cr. L. J. 767 at p. 772)

Penalty and procedure

Whoever fails to comply with any directions given undersub section (2) or sub section (3) of Section 20 withinsuch time as may be specified in the direction shall, onconviction, be punishable with imprisonment for a termwhich may extend to three months or with fine whichmay extend to ten thousand rupees or with both and incase the failure continues, with an additional fine whichmay extend to five thousand rupees for every day duringwhich such failure continues after the conviction for thefirst such failure.

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

The Air (prevention and control of pollution) Act, 1981

The presence in air, beyond certainlimits, of various pollutantsdischarged through industrialemission and from certain humanactivities connected with traffic,heating, use of demestic fuel,refuse incinerations, etc; has adetremental effect on the health ofthe people as also on animal life,vegetation and property.

The Central Government legislatedthe bill to implement the decisionstaken regarding the preservationof the quality of Air and control ofair pollution, in Stockholm in theUnited Nations Conference on theHuman Environment, held inJune, 1972. (source Gazette ofIndia, Extraordinary, Pt. 11,Sec. 2, dated the 24th

November, 1980)

Definitons

“Air pollutant” means any solid, liquid or gaseoussubstance including noise present in the atmosphere insuch concentration as may be or tend to be injurious tohuman beings or other living creatures or plants orproperty or environment.

“Approved appliance” means any equipment or gadgetused for the burning of any combustible material or forgenerating or consuming any fume, gas or particulatematter and approved by State Board for the purpose ofthis Act.

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

“Chimney” includes any structure with an opening oroutlet from or through which any air pollutant may beemitted.

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

Bodies constituted to enforce the Act

Central Pollution Control Board constituted undersection 3 of the Water (Prevention and control ofPollution) Act, 1974 was authorized to exercise thepowers and performs the functions for theprevention and control of air pollution.

State Pollution Control Boards constituted undersection 4 of the Water (Prevention and control ofPollution) Act, 1974 was authorized to exercise thepowers and performs the functions for theprevention 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 matterconcerning the improvement of the quality of airand the prevention, control or abatement of airpollution.►Provide technical assistance and guidance tothe State Board, carry out and sponsorinvestigations and research relating to problemsof air pollution and prevention, control orabatement of air pollution.►Perform such of the functions of any stateboard as may be specified in an order made undersub-section 2 of section 18►lay down standards for the quality of air.►Collect and disseminate information in respectof matters relating to air pollution.

National Minimum Standards for Air

Quality

The new National Minimum standards forAir Quality has been notified by the CPCBunder sub-section (2)(h) of section 16 of theAct on 18th November 2009, and has beenmade effective from that date, for whole ofIndia

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

Some pics of air pollutants……

Due to industries…

Standards for Emissions of air pollutants

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

Since 1986, Central Government has beenissuing Standards for Emissions under theprovisions of Environment protection Actand its Rules. These standards has beenspecified in schedule 1 to VI of theEnvironment (Protection) Rules 1986.

Central Board or State Boards may specifymore stringent standards than thosespecified 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 favour of the people at large for whose benefit the Act is Passed, has to be accepted. (AIR 2005 S.C. 3136)

Few words

We really thank everyone of you who havegiven his or her little time to view thispresentation and request that an immediateaction be taken if you are an authority to do soor must write to Ministry of Environment andForests for taking action till it is too late.

This ppt was prepared with the sincere guidanceof respected

H.A KADIYA

Thank you…