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Law for Environmental Protection

Law for Environmental Protection

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Law for Environmental Protection

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  1. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection • International concern for environmental protection • International concern for Sustainable Development • UN conference on Human Environment and Development-Stockholm-1972 • Result-Stockholm Declaration on the Human Environment

  2. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (Cont) • Report of the world commission on Environment and Development-1987-Brundtland Commission • Sustainable Development Concept • Cocoyoc Declaration on Environment and Development-1970

  3. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (Cont) • Definition • “Sustainable development is the development that meets the needs of the present without compromising the ability of the future generations to meet their own needs”

  4. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (Cont) • The Earth Summit- • The United Nations conference on Environment and Development (UNCED) popularly known as Earth Summit-1992 at Rio de Janeiro- • 150 Governments participated • Earth summit was inspired by Brundtland report 1987

  5. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (Cont) • The Result of Summit-Agenda 21 • Agenda 21-a comprehensive Blue print for Global actions for Sustainable Development • Agenda 21-a voluntary action plan • Agenda 21-Divided into 4 sections

  6. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (Cont) • Section I-Social and Economic • Section II-Conservation and Management of Resources for Development • Section III-Straightening the Role of Major Groups • Section IV-Means of implementation

  7. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (Cont) • Role of India • Constitution-Indian constitution is perhaps one of the rare constitutions of the world which contains specific provisions relating to Environmental protection • India is a signatory to many Environmental treaties

  8. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (Cont) • Indian constitution Article 51 (c ) provides that India shall respect International treaties • Devolves duty on the citizen also to preserve the nature • Article 48-A puts duty on the state regarding the protection of Environment

  9. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (Cont) • All signatories to translate the Summit decisions into action-implementation • India under obligation to implement Environmental protection • Article 253 of the constitution provides for power of parliament to make law for implementing any treaty

  10. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (Cont) • Under this provisions, parliament enacted many laws for protection of Environment, prevention of pollution • International law, unless otherwise contrary can be construed as binding.

  11. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • Important legislations: • The Water (prevention and control of pollution) Act, 1974 • The Air (prevention and control of pollution) Act, 1981 • The Environment (Protection) Act,1986 • The National Environment Appellate Authority Act,1997 • The National Environment Tribunal Act, 1995

  12. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • The Water (prevention and control of pollution) Act, 1974 • Water is the State subject • Parliament can not legislate on water subject • States have to agree for parliament legislation • Majority States resolved for parliament legislating • Parliament therefore, passed the water Act

  13. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • Salient features of the Act (Water Act)- objectives • To prevent and control water pollution • To maintain wholesomeness of water • To establish control on State Boards for prevention and control of pollution • To empower the Boards for prevention/control of pollution • To provide penalties for contravention of the provisions of the Act • To establish control on state water testing laboratories.

  14. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • Central/State pollution control Boards • Both the Boards have the objective of pollution control • Main functions of the Central pollution control Board • a) Advise the Central Govt. for control of pollution of water • b) Co-ordinate the activities of the State Boards

  15. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • c) Provide technical assistance and guidance to State Boards • d) Plan and organise training • e) Media program organising • f) To perform functions of the State Board in case of default • g) Collect and public technical date • h) Lay down standards for stream/well • i) Plan and organize pollution control programs • j) Establish laboratories for testing

  16. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • Functions of State Boards • Plan and control/abate pollution of water • Advise State Govt. on matters of water pollution • To collect and spread information • To investigate and conduct research in matters of pollution • To work in tune with CPCB

  17. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • To inspect sewerage or trade effluents • To lay down standards of sewerage/trade effluents etc.

  18. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • To create methods of effluent disposal/sewerage disposal • in land • in water • in stream etc. To prevent discharge of waste into water To advise Govt. with respect to location of polluting industries

  19. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • To establish laboratories • To Co-ordinate with CPCB

  20. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Prevention and Control of Water Pollution • Under this act, State Government has power to restrict the application of the Act to certain areas • It has also power to obtain information • PCBs have power to take samples of effluents. • Report of analysis

  21. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Cont… • PCBs have power to enter any factory and inspect • It can prohibit use of stream or well for disposal of polluting matter • It can regulate new outlets and new discharges

  22. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Cont… • PCBs to undertake emergency measures in case of pollution of stream or well • PCBs can also approach for restraining apprehended pollution of water in streams or wells • It can give directions

  23. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Cont… • Water Act – Chapter VII • Under this chapter penalties can be levied for certain acts - Destruction of notices of PCBs - Obstructing PCB persons from doing their duty - damaging property of PCBs - non furnishing of information

  24. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Cont… - Failure to intimate accident - for willful omission of information - or making false statement etc. - punishment including imprisonment with penalty – Rs.10,000 - 3 months

  25. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Cont… • Under this act Central water laboratory, State water Laboratories are set up • Analysts appointed for analyzing the samples • Reports are published by analysts • PCBs to take the help from local bodies also

  26. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Cont… • Section 63 of Water Act gives power to make rules to Central Government • Section 64 to State Government • States shall make rules on matters which are not dealt with by the Central Rules

  27. RTI, MUMBAI / DAY 1 / Slide 1.4.1 The Air(Prevention and Control of Pollution) Act, 1981 • Under this act the CPB plays a major role in control/abatement of pollution • It has to advise Central Government for improvement of Air quality • It has to prevent air pollution • Co-ordinate the activity of state pollution control boards

  28. RTI, MUMBAI / DAY 1 / Slide 1.4.1 The Air(Prevention and Control of Pollution) Act, 1981(Cont..) • Chapter VI of the air act relates to prevention and control of air pollution • The state governments in consultation with the Board declare air pollution control areas • Alter air pollution control areas • Declare new air pollution control areas

  29. RTI, MUMBAI / DAY 1 / Slide 1.4.1 The Air(Prevention and Control of Pollution) Act, 1981(Cont..) • The act provides for control of emission from auto mobiles • It also restricts certain industries on the basis of air pollution • It declares the level of air pollutants as per standards • It applies to the courts to restrain persons from polluting • Just like water act it gives power to PCBs to enter and inspect the factory.

  30. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Cont… • The wildlife(Protection) Act, 1972 • The National environment tribunal Act, 1995 • The Environmental Protection Act, 1986 • The Bio-Diversity Act, 2002 • Are the other related environmental legislations.

  31. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • Audit issues • CPCB/SPCBs are major key players in control of pollution • Working to CPCB/SPCBs is the focal point for audit • Regularity audit and performance Audit • They act on behalf of Govt. • Regularity Audit-Compliance Audit

  32. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • Areas of compliance Audit • SAI to audit compliance of international requirements for pollution control • SAI to have the concept of Sustainable Development • SAI to understand the policy • SAI not to comment on the policy as it will be construed as criticism.

  33. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • SAI to ensure in audit implementation of Environmental program in tune with the established policy • SAI to verify whether national targets for pollution control of water has been set • If so, whether the targets are as per the International accord

  34. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • Whether there is any backlog in achieving the targets • Whether the target itself is realistic • Whether sufficient reasons have been adduced for non achievement of targets • Whether there is close monitoring of the targets and action for non achieving taken at appropriate levels

  35. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • SAI to audit the budget for environmental programs • SAI to comment on the adequacy with reference to the target set • SAI to consider the Sustainable Development concept

  36. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • SAI to comment on the excess spending-absence of budgetary Control • SAI to comment on the savings (lack of implementation) • Saving in environmental areas will project a bad picture as saving means less environmental degradation to that extent

  37. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • Working of the CPCB/SPCBs to be audited on Performance Audit basis • Concepts of 3 E Es-Economy,efficiency and effectiveness,plus 2 EEs, that is ethics and equity • Working of the Board-includes all objectives and the results of performance • To see, how far the targets set by Central Govt. (CPCB) have been achieved • Shortfall to be commented

  38. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • Working is whether cost effective or not • Whether extra expenditure/nugatory expenditure etc. have been incurred. • Whether there is responsibility centre/accountability in the Board • Whether it is compiling reliable data and reporting

  39. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • Whether the CPCB has undertaken any major project • If so, the project to be subjected to Performance Audit • Whether the CPCB is compiling data on which further planning is to be done • If so, whether the data is reliable and complete

  40. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • Audit at Ministry level • A Macro level analysis- • Whether the Ministry has compiled reliable and complete data regarding pollution problems. • Whether the data regarding quality of water in each area is available • Whether the details of pollution level of various rivers/lakes/streams are available

  41. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • Whether CPCB is networking with other SPCBs for pollution control activities. • Whether the wholesomeness of water is regularly tested and data made available to the concerned • Whether the concerned has taken any action for improving the quality of water • Water quality is essential as it affects the health of the people.

  42. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • SAI to check the budget for unit wise allocation of funds for environmental activities • SAI to check whether monitoring system exists within the Ministry to review progressive expenditure • SAI to check whether grants given to various NGOs are utilized properly. • SAI to verify the mechanism of Ministry’s monitoring of utilisation of grants by the departments as well as the NGOs • SAI to verify whether Ministry has data regarding submission of audited statement of Accounts for grant utilization by NGOs

  43. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • SAI to verify the implementation of environmental policy at the Ministry level • SAI to see whether a reliable and documented MIS exists in the Ministry to measure achievement against international targets • SAI to ensure that the Government reports to its parliament regarding implementation of International treaties/accords • SAI to monitor the directives of the parliament to Ministry regarding compliance of Environmental laws.

  44. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • Regional/state level implementation • States have to comply with the directives of the Central Ministry (CPCB) through the state CPCBs • Targets and achievement of environmental issues desired by Ministry to be reviewed/commented • SAI to ensure that targets set are realistic • SAI to verify the performance indicators • SAI to ensure that the performance indicators are measurable and realistic

  45. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • State/Regional level implementation is through the state PCBs • MIS available at the SPCBs are checked for reality/integrity and correctness • Implementation especially with reference to international accords are to checked thoroughly and reported • Shortfall in targets to be commented • Cost benefit analysis in terms of environmental issues is to be checked and reported.

  46. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • Program level Audit • Financial Audit • Grant accounts are kept on cash accounting basis • This method will reveal only 1 year position • Accrual system gives a wider perspective of environmental issues • It will give a totality of the issue-liability or asset • In case of non compliance of certain treaty provisions liability arises • In accrual system such liability will be shown in totality

  47. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • In units of commercial nature: • Certification of Financial Statements will focus on environmental assets/liability • In case of creation of environmental assets such as ETPs, Gas chambers etc. the methods of depreciation to be checked • Assets of environmental nature shall have speedier wear/tear • Certification to take care of additional depreciation and high maintenance cost.

  48. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • Penalties on account non compliance of directives of SPCBs to be checked in accounts of commercial concerns • All legal matters either beneficial for detrimental to be accounted for in F S • Legal cases contingent liability to be reflected/disclosed in accounts.

  49. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • The auditee units wher implementation of environmental issues is going shall be audited to see: • that all PCB directions are complied with • that all requisite returns are submitted in time • that all dues to the PCBs such as water cess are paid in time

  50. RTI, MUMBAI / DAY 1 / Slide 1.4.1 Law for Environmental Protection (cont) • all targets set by PCBs have been achieved • all precautions for control of emission of noxious gas, pollution of Water, air etc have been taken and documented.