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ENVIRONMENTAL LEGISLATIONS RELATED TO WATER RESOURCES IN INDIA

ENVIRONMENTAL LEGISLATIONS RELATED TO WATER RESOURCES IN INDIA

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ENVIRONMENTAL LEGISLATIONS RELATED TO WATER RESOURCES IN INDIA

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  1. ENVIRONMENTAL LEGISLATIONS RELATED TO WATER RESOURCES IN INDIA R.K.Khanna, Chief Engineer (Retd) (Environment Management) Central Water Commission New Delhi

  2. As for me, all I know is that I know nothing - Socrates

  3. GLOBAL WATER BUDGET 3

  4. Water is Precious and scarce Resource Only a small fraction (about 3%) is fresh water India is wettest country in the world, but rainfall is highly uneven with time and space extremely low in Rajasthan and high in North-East On an average there are only 40 rainy days To sustain our growing demand for agriculture and other uses we abstract the water from every possible sources Out of 4000 BCM rainfall received, about 600 BCM is put to use so far Water resources are over-exploited resulting in major WQ problems 4

  5. Water use in India (Year 2000) 5

  6. Use based classification of surface waters in India 6

  7. BRIEF HISTORY OF ENVIRONMENTAL CONCERNS IN INDIA • Pre‑Independence Period • Environmental concern as old as Indian civilization. • Earlier environmental concerns conservation of forests, wildlife & natural resources • Policies mostly linked with culture and religions.

  8. BRIEF HISTORY OF ENVIRONMENTAL CONCERNS IN INDIA (cont) • Primary environmental concern in past ( history of India)  mainly related to public health & sanitation • During Indus Valley Civilization existence of baths, covered drains & draining of waste water  high sense of public health and sanitation • After Indus Valley Civilization vanished ; a gap in urban planning. • During Mughals and British period sanitation received scant attention

  9. BRIEF HISTORY OF ENVIRONMENTAL CONCERNS IN INDIA (cont) • In late colonial period, efficient measures emphasised for maintaining environmental sanitation • Awarenessoutbreaks of cholera, plague, jaundice can be prevented by protected w/s & sanitation • Major problem in propagating sanitary practices lack of awareness among people about importance of sanitary practices

  10. BRIEF HISTORY OF ENVIRONMENTAL CONCERNS IN INDIA (cont) • Post‑Independence Period • Prior To Human Environment Conference 1972 • Independence to 1972 continuous deterioration of envt due to fast industrialization, urbanization, population growth and increasing poverty. • National development fast industrialization, self sufficiency in food & other basic needs of growing population. • environment continued to degrade due to deforestation. loss of wild life, increasing air, water, soil pollution, development of slums • Water supply and sanitation attended in Govt's Plans but control of pollution and environment not emphasised

  11. BRIEF HISTORY OF ENVIRONMENTAL CONCERNS IN INDIA (cont) • In 1954 the Health Ministry announced National Water Supply and Sanitation Programme under health schemes and • Budget for w/s supply & sanitation continuously increased in Five Year Plans since 1956 • Thus all efforts mainly focused towards public health & sanitation; not on pollution control

  12. BRIEF HISTORY OF ENVIRONMENTAL CONCERNS IN INDIA (cont) • As a result pollution level increased to alarming level, especially in urban areas • concern for preserving environment while undertaking dev activities stressed for first time in IV Plan (1969-74) • Necessity felt to regulate the pollution in a stricter manner • Thereafter govt policy, transformed from environmental indifference to environmental concern, that guided India into an era of comprehensive environmental regulation after 1972. • In 1976- Articles 48 a and 51 a were added

  13. LEGAL FRAMEWORK INDIA-ONE OF FEW COUNTRIES WITH SPECIFIC PROVISIONS FOR ENV PROTECTION ARTICLE 47 - PROTECTION AND IMPROVEMENT OF PUBLIC HEALTH ARTICLE 48A - PROTECTION AND IMPROVEMENT OF ENVIRONMENT FOREST & WILD LIFE ARTICLE 51(A) - DUTY OF EVERY CITIZEN TO PROTECT AND IMPROVE NATURAL ENVIRONMENT

  14. BRIEF HISTORY OF ENVIRONMENTAL CONCERNS IN INDIA (cont) • Policy Percepts After 1972 Conference • 1972  watershed yr in history of EM • Prior to 1972 envtal progs dealt by different ministries with no coordination • UN Conference on Human Environment –Stockholm- 1972; India-National Committee on Envtal plng and co‑ord (NCEPC) formed in DST • NCEPC was an apex advisory body in all matters relating to ental protection • Promotion of ental quality emphasised for first time in IV Plan (1969‑74). • During subsequent Plans such concern was turned into concrete actions; several progs for incorporating ental concerns while assessing techno-economic feasibility of projects

  15. BRIEF HISTORY OF ENVIRONMENTAL CONCERNS IN INDIA (cont) • Water (Prevention and control of pollution) Act, 1974 was passed for restoration and maintenance of wholesomeness and cleanliness in our national aquatic resources. • To implement provision of Act at central level. CPCB and at state level, State Pollution Control Boards were formed. • Major envital concerns water pollution. air pollution. soil erosion, deforestation, desertification and loss of wildlife • Most challenging problem in protection of envt nation's desire to industrialise faster ; manifested in policy pronouncements of GOI • So major policies focused on integrating environment with developmental activities ; concerns reflected in constitutional provisions etc

  16. BRIEF HISTORY OF ENVIRONMENTAL CONCERNS IN INDIA (cont) • Envntal issues gained political attention only after Silent Valley controversy • a major hydroelectric cum irrigation project causing damage to world's richest biological and genetic heritages but shelved • Mathura Refinery which might cause acid rain on Taj Mahal • During 1980 general elections, several political parties included environmental concerns in their election manifestos. • Congress-I came to power in 1980 ; set‑up a committee chaired by N.D. Tiwari to recommend legislative measures and administrative machinery to ensure environmental protection. • Department of Environment at the Centre was created, to ensure environmental conservation in sustainable national development

  17. BRIEF HISTORY OF ENVIRONMENTAL CONCERNS IN INDIA (cont) • Bhopal gas tragedy - killed more than 2500 people -spurred Govt to adopt stronger environmental policies, to enact fresh legislation and to create, reorganise and expand administrative agencies. • Most significant Central legislation in recent times  Environment (Protection) Act, 1986 (EPA) empowered Central Govt to take all necessary measures to protect and improve the environment. • In 1987 a new chapter regulating hazardous industrial processes was introduced into the Factories Act, 1948. • Amendments to various Acts in 1988 empowered enforcing agencies to close polluting industries and to stop their electricity or water supply. Penal provisions also strengthened.

  18. BRIEF HISTORY OF ENVIRONMENTAL CONCERNS IN INDIA (cont) • Supported by recent legislative, administrative and judicial initiatives, environmental regulation in India became very powerful. • The new regulations cover noise, vehicular emissions, hazardous wastes and chemicals, hazardous micro-organisms and transportation of toxic chemicals. • Stringent penalties were introduced in the older pollution control laws. • Supplemented by "citizen suits" provision and ‘RTI’, now enable an aggrieved citizen to directly prosecute a polluter after examining government records and data.

  19. BRIEF HISTORY OF ENVIRONMENTAL CONCERNS IN INDIA (cont) • Rules notified for environmental auditing of all the industries which may cause water or air pollution or generate solid or hazardous wastes. • Gigantic project like Ganga Action Plan followed by National River Action Plans. were also a sign of high concern on environment. • MOEF has adopted a "Pollution Abatement Policy" which includes adoption of clean technology, conservation of resources, incentives for pollution control, public participation, environmental auditing and Eco-mark on environment friendly products.

  20. PROTECTION AND IMPROVEMENT OF ENVIRONMENT AND PREVENTION OF HAZARDS • LAYING DOWN OF STANDARDS FOR ENVIRONMENTAL POLLUTANTS • Simplest approach to regulate industrial pollution promulgate permissible limits for various pollutional parameters • Make them binding on all discharges and prosecute offenders • Control of pollution at sources is the immediate short‑term objective adopted by all the state pollution control boards. • Industries must know the extent up to which their effluent or emission must be treated/controlled so that they can discharge treated effluent to receiving environment without significant effect. • The cost of treatment should be such that the industry is able to take the burden.

  21. PROTECTION AND IMPROVEMENT OF ENVIRONMENT AND PREVENTION OF HAZARDS (cont) • CPCB initiated evolving industry specific Minimum National Standards (MINAS) as early as in 1977‑78 • Evolved effluent standards for 23 categories and emission standards for 21 categories of industries • State Boards use these guidelines for necessary follow ‑ up action. • No state board is permitted to relax the MINAS, if situation so demands, the state boards may make them more stringent. • These standards notified under Environmental (Protection) Act, 1986, by the Government of India

  22. PROTECTION AND IMPROVEMENT OF ENVIRONMENT AND PREVENTION OF HAZARDS (cont) • HAZARDOUS SUBSTANCES MANAGEMENT • Hazardous Substances spreading thoroughly in modern industrialised societies. • These substances are generated, used and discarded by large number of industries in India. • Use of pesticides is increasing day by day for the protection of crops and public health from different pests. • The hazardous substances are extensively regulated in India under the provisions of EPA - 86

  23. PROTECTION AND IMPROVEMENT OF ENVIRONMENT AND PREVENTION OF HAZARDS (cont) • COASTAL AREA AND TOURISM MANAGEMENT • Measures needed for protecting ecological, cultural and aesthetic values of coastal areas • Also to ensure that use and activities in coastal areas are consistent with the environmental conservation principles. • MOEF issued a notification under Environment (Protection) Act, 1986 to ban certain activities and to categories coastal areas into certain regulation zones – CRZ notification 1991 • Notification identifies prohibited activities within the 500 m of the high tide line and those that are to be permitted in accordance with the guidelines given in the notification.

  24. WATER RELATED LEGISLATIONS • Envtal protection a part of Indian culture since ancient times • a large number of flora (holy basil, peepal) & fauna (garuda-eagle ) are not only protected but venerated and worshipped as religious deities • Water resources including seas, rivers, lakes and mountains are worshipped. • Our constitution specifically stipulated responsibilities of the state as well as citizens for protection of nature and living beings. Article 51-A states : • “To value and preserve the rich heritage of our composite culture, to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures”.

  25. WATER RELATED LEGISLATIONS (Cont) • For prevention and control of existing water resources – their uses and for safeguarding environment while executing WRD projects, GOI has brought out following Acts and Notifications: • The Water (prevention and control of Pollution) Act, 1974 as amended from time to time (Water Act). • The Water (prevention and control of Pollution) Cess Act, 1977 as amended (Water Cess Act). • The Environment(Protection) Act, 1986 [E(P) Act] • The Environment Impact Assessment Notification, 1994 ( as amended on May 4,1994 ad April10 , 1997) • The Environment Impact Assessment Notification, 2006 and its subsequent amendments

  26. WATER RELATED LEGISLATIONS (Cont) • THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 • This Act provides for the prevention and control of water pollution and the maintenance or restoration of wholesomeness of water. As such all human activities having a bearing on water quality are covered by this Act. But, for practical reasons, prioritization of polluting activities as been done and industrial pollution control has been assigned the highest priority.

  27. WATER RELATED LEGISLATIONS (Cont) • Salient features of this act are: • No person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in accordance with such standards as may be laid down by the State Pollution Control Board (SPCB) to enter (whether directly or indirectly) into any stream as well as sewer or on land;

  28. WATER RELATED LEGISLATIONS (Cont) • No person shall knowingly cause or permit to enter into any stream any other matters which may tend, either directly or indirectly or in combination with similar matters, to impede the proper flow of the water of the stream in a manner leading or likely to lead to substantial aggravation of pollution due to other causes or of its consequences [u/s 24(1)]

  29. WATER RELATED LEGISLATIONS (Cont) • No person shall without the previous consent of the SPCB; • establish any industry, operation or process, or any treatment and disposal system or an extension or addition there to which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land (such discharge being hereafter in this section referred to as discharge of sewage); or • bring into use any new or altered outlets for the discharge of sewage; or • begin to make any new discharge of sewage.[(u/s)25 (1)]

  30. WATER RELATED LEGISLATIONS (Cont) • Invester intending to set up an industry required to apply in prescribed form to the SPCB to obtain consent to establish & operate the industry [u/s 26]. • While granting consent SPCB also stipulates specific conditions relating to temperature, volume, composition, rate and point of discharge of emissions, effluents etc. • Consent to operate an industry granted for a specific period after which conditions stipulated while giving consent reviewed by SPCB. • Even before expiry of consent period, SPCB is authorized to carryout random checks of any industry to check if the standards prescribed are being complied with. • In case standards are not being met, the SPCB is authorized to serve a notice to the concerned person. Non compliance with the provision is punishable with imprisonment and fine u/s 44 of this Act.

  31. WATER RELATED LEGISLATIONS (Cont) • Owner of a defaulting industry may be required to construct a sewage/effluent treatment system. • In the event of non compliance of the standards, electricity & w/s or any other services to the industry may be disconnected and, in extreme cases. even to close down the unit. • Stringent penalties are prescribed in this Act for those who operate their industry without the valid consent or violation of consent conditions.

  32. WATER RELATED LEGISLATIONS (Cont) • Courts also take cognizance of any offence under the Act if a complaint to that effect is made by the public provided it was made with the previous sanction of the concerned SPCB • All State Govts required to constitute Appellate Authorities for addressing appeals received against SPCB. • Any person aggrieved by an order of SPCB in above context u/s 25, 26 or 27 may appeal to the Appellate Authority constituted by the concerned state govt., u/s 28.

  33. WATER RELATED LEGISLATIONS (Cont) • WATER CESS ACT, 1977 • Main purpose to levy and collect cess on water consumed by certain categories of industry specified in the schedule appended to the Act. • Local authorities may also specify the categories of such industries. • The money thus collected is used by the Central and State PCBs to prevent and control water pollution. Some salient features of this Act are as follows : • Assessing authority under the Act levies and collects cess based on the amount of water consumed by these industries; the rate is also determined by the purpose for which the water is used.[u/s3(1)]

  34. WATER RELATED LEGISLATIONS (Cont) • Concerned industries required to install standard water meters at such places as may be required by the concerned authority for measuring and recording quantity of water consumed by the industry .[u/s 4(1)] • Based on the cess returns to be furnished by the industry every month, the amount of cess is assessed by the assessing authorities.[u/s 6(1)] • Aggrieved person may appeal against the assessment to the Appellate Authority.[u/s 13(1)] • A 25% rebate on the cess payable to these industries who consume water within the quantity prescribed for the category of industries and also comply with the effluent standards prescribed under the Water Act or the EPA .[u/s 7]

  35. 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.

  36. ENVIRONMENT (PROTECTION) ACT, 1986 (cont) • Several sets of Rules relating to various aspects have been notified under this Act. Some important features of this Act are: • The Central Govt. may also put restriction on an area in which any industry, operation of process or class of industries or operations shall not be carried out. If they are to be carried out, they may be permitted with certain safeguards (u/s 5). • Emissions and effluent standards in respect of 61 categories of industries have been evolved and notified so far. WRD projects do not come in any of the category except when installation of sewage and effluent treatment plants is involved.

  37. ENVIRONMENT (PROTECTION) ACT, 1986 (cont) • The standards in respect of pollutants are to be achieved within a period of one year from the date of their notification, especially by those industries identified as highly polluting. • However, if a particular SPCB may so desire, it may reduce the time limit and also specify more stringent standards in respect of a specified category of industries within their jurisdiction. The SPCB however, can not relax either the time limit or the standards. • Those industries who require consent under the Water Act, Air Act or both or - Authorization under the Hazardous Wastes Management & Handling) Rules, 1989, are required to submit Environmental Audit Report to the concerned SPCB/PCC on or before 30th September every year.

  38. ENVIRONMENT (PROTECTION) ACT, 1986 (cont) • As per this Act, Central Govt can take all measures for improving environment and controlling pollution. Such as : • Coordination of actions by the State Govt and other authorities; • Planning and execution of a nation wide prog for the prevention, control and abatement of environmental pollution. • Laying down standards for the quality of environment in its various aspects

  39. ENVIRONMENT (PROTECTION) ACT, 1986 (cont) • Laying down standards for emission or discharge of environmental pollutants from various sources whatsoever, provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources. • 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 safeguards. • Laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents. • Examination of such manufacturing processes, material and substances as are likely to cause environmental pollution;

  40. ENVIRONMENT (PROTECTION) ACT, 1986 (cont) • Carrying out and sponsoring investigations and research relating to problems of environmental pollution; • Inspection of any premises, plant, equipment, machinery, manufacturing or other processes, material or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution; • Establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act; • Collection and dissemination of information in respect of matters relating to environmental pollution

  41. ENVIRONMENT (PROTECTION) ACT, 1986 (cont) • Preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution; • Such other matters as the Central Govt. deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act;

  42. ENVIRONMENT (PROTECTION) ACT, 1986 (cont) • Other regulatory measures : • Several Authorities constituted. Central Ground Water Authority to regulate indiscriminate use of ground water and the SPCB have been asked to actively help the authority in prevention of ground water pollution • Water Quality Assessment Authority (WQAA) was constituted in May 2001, to deal with problems of pollution of National Water Resources. • Inland water quality of national aquatic resources is monitored by the Central Pollution Control Board (CPCB) in collaboration with SPCBs at 507 locations • out of which 430 stations are under MINARS(Monitoring of National Aquatic Resources), 50 under GEMS (Global Environmental Monitoring Systems) and 27 under YAP(Yamuna Action Plan) programme..

  43. ENVIRONMENT (PROTECTION) ACT, 1986 (cont) • Water quality of Ganga water is monitored since 1985 under the Ganga Action Plan (GAP)-Phase-I. GAP - Phase-II is merged with the National River Conservation Plan(NRCP) since December, 1996 • NRCP programme launched in 1995 covers 141 towns, 22 major river in 14 states of the country. • Central Govt. has declared certain coastal stretches of seas, bay, estuaries, creeks, rivers and backwaters as CRZ and notifications issued for their protection

  44. ENVIRONMENT (PROTECTION) ACT, 1986 (cont) • Standards for emissions, discharge of liquid effluents, noise etc. have been notified. • Procedures, safeguards, prohibition and restrictions on the handling of hazardous substances alongwith the prohibition and restriction on the location of industries and carrying on processes and operations in different areas have been notified • Several environmental laboratories and govt. analysts have been recognized.

  45. ENVIRONMENT (PROTECTION) ACT, 1986 (cont) • Restrictions have been imposed on various activities in fragile areas i.e. Doon valley in U.P., Aravalli Regions in Alwar, Rajasthan, Coastal Zones and Ecologically Sensitive Zones. • Public Liability Insurance (PLI) Act, 1991 is constituted to provide immediate rile to the persons affected by accident occurring while handling any hazardous substances. • No court shall take cognizance of any offence under this Act except on a complaint made by the Central Govt. or any authority or officer authorized on this behalf by the Govt.

  46. 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.

  47. 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.

  48. 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.

  49. FOREST CONSERVATION ACT-1980 (cont) • Nevertheless, compensatory forestry has become an integral part of all WRD projects. • In several large projects like Narmada Sagar and Sardar Sarovar Projects, alternative lands allocated for compensatory afforestation - cost included in project cost • MOEF has issued detailed guidelines for diversion of forest land for non-forest uses. Salient features : • Compensatory afforestation one of the most important envtal safeguards

  50. FOREST CONSERVATION ACT-1980 (cont) • Where non-forest land available, compensatory afforestation to be carried out in equivalent area of non-forest land • Where non-forest land not available, compensatory afforestation to be carried out in degraded forest over twice the area being diverted • Stipulation made for identifying equivalent non-forest area or degraded land, agency responsible for afforestation, provision of funds, monitoring mechanism and detailed work schedule • Land for afforestation to be transferred to forest dept