Environmental Protection Laws • The water (Prevention and control of pollution) act, 1974 • The air (Prevention and control of pollution) act, 1981 • Wildlife Protection act, 1972 • The Indian Forest act, 1980 • The Environment (Protection)act, 1986
The water (Prevention and Control of pollution) act, 1974 • Introduction- The act aims to prevent and control water pollution and to maintain/restore wholesomeness of water by establishing central and state pollution control board to monitor and enforce the regulations.
Objective • Prevention and control of water pollution. • Maintaining or restoring the wholesomeness of water. • Establishment of boards for the prevention and control of water pollution.
Members • 1 Chairman • 5 officials • 3 non officials • 2 persons to represent companies • 1 secretary
Functions of the central board • To promote cleanliness of streams and wells. • Advise the central govt. • Resolve disputes between states. • Providing technical assistance and guiding. • Organize comprehensive program. • To establish laboratories.
Functions of state boards • Planning a comprehensive program. • Advising the state govt. • Conducting investigations and research. • Inspecting waste water treatment plants. • Prescribing standards for sewage. • Establishing laboratories.
POWERS • Power to obtain information. • Power to take samples. • Power of entry and inspection. • Power on prohibition on disposal of polluting matter into a stream or well.
The Air (prevention and control of pollution) act, 1981 • Introduction- An act to provide for the prevention, control and abatement of air pollution, for the establishment, with a view to carrying out the aforesaid purposes, of boards, for conferring on and assigning to such boards powers and functions relating thereto and for matters connected therewith.
Boards and functions • The establishment of the central board and state board are exactly same as in the water act. • The functions are identical to the functions of water act but with a difference that the air act aim to control the air pollution whereas the water act aim to control the water pollution.
POWERS • Power to declare Air Pollution Control Areas. • Power to establish standards for emission of air pollutants from Automobiles. • Power to restrict use of certain industrial plants. • Power of entry and inspection. • Power to take samples.
WILDLIFE PROTECTION ACT, 1972 Introduction- The Wildlife Protection Act, 1972 is an Indian legislation enacted by the Parliament of India for protection of plants and animal species
OBJECTIVES • To maintain essential ecological processes and life supporting systems. • To preserve the biodiversity. • To ensure a continous use of species i.e. protection and conservation of wild life.
MEMBERS OF ADVISORY BOARD • Minister incharge of forest in state or U.T. • 2 members of the state legislature. • Secretary to the state govt. • Forest officer incharge of forest deptt. • An officer to be nominated by the director. • Chief wildlife warden. • 5 officer of state govt. • 10 person in the opinion of state govt.
Duties of Advisory Board • Prohibition of hunting and dealing in animal articles without license. • Protection of specified plants. • Declaration of Sanctuary and Restriction on entry in Sanctuary. • Declaration of National Parks and Closed Areas.
POWERS • Power of cancellation of License. • Power of entry. • Power of search. • Power of Arrest. • Power of Detention.
PENALITIES • Person violating any provision of this act shall be punished with imprisonment for three years or fine of Rs. 23000 or both.
FOREST CONSERVATION ACT,1980(Passed On Oct 5 1980 & Amendments Made in 1988)
FOREST (CONSERVATION) ACT, 1980 A COMMITMENT OF THE CENTRAL GOVERNMENT FOR THE CAUSE OF ENVIRONMENTAL CONSRVATION AND SUSTAINABLE DEVELOPMENT.
OBJECTIVE • Protection of Forests. • This Act is an interface between conservation and development. • Permits judicious and regulated use of forest land for non-forestry purposes.
INTRODUCTION • Indiscriminate and massive diversion of forest land for non forestry purposes since independence. • Approximately 4.3 million hectare of forest land diverted during 1950 to 1980 for non forestry purposes. • The subject forest was brought in the concurrent list in 1977. • In 1980, the Forest (Conservation) Act was enacted for providing a higher level of protection to the forests and to regulate diversion of forest lands for non forestry purposes.
FC MAIN FEATURES • FC ACT, 1980 Prior approval of the Central Government is essential for de-reservation of forest lands and / or diversion of forest lands for non-forestry purposes. • It is a Regulatory Act, not prohibitory. • The Act is an interface between conservation and development. • Permits judicious and regulated use of forest land for non-forestry purposes.
Procedure for Forest Clearance - • Proposals recommended by the State / UT Govts. forwarded to the Central Govt. for approval under Section 2 of the Act. • Proposals examined by Forest Advisory Committee (FAC) constituted under Section 3 of the Act. • Decisions taken on the basis of the recommendations of the FAC. • FC Rules, 2003 prescribe specific time limits for processing the cases.
FOREST ADVISORY COMMITTE • FAC is a seven member Committee under the chairmanship of DGF SS, MoEF. • Three non official members eminent experts in forestry and allied disciplines appointed for a period of two years. • ADGF, MoEF Additional Commissioner (Soil Conservation), Ministry of Agriculture. • IGF (FC) -- Member Secretary • Meeting not less than once a month, generally at New Delhi • Quorum is Three.
Amendments Made In 1988 • Restriction on the de-reservation of forests • Constitution of Advisory Committee • Penalty for contravention of the provisions of the Act • Offences by authorities and Government Departments • Power to makes rules • Saving
THE ENVIRONMENT (PROTECTION) ACT, 1986(Passed in March,1986 & came into force on 19 Nov. 1986)
ENVIRONMENT • It is derived from French word “Environner” which means encircle or surround. • All the biological and non-biological entities surrounding us include in environment. • According to EPA “Environment is sum of total water, air & land, inter-relationship among themselves and also with the human beings, other living organism and property.”
THE ENVIORNMENT (PROTECTION) ACT, 1986 • An act provide for the protection and improvement of environment and formatted connected therewith:- • Whereas the decision where taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of the Human Environment.
Department of Environment was established in 1980. this later become ministry of environment and forest. • The Environment (Protection) Act 1986 came into effect soon after the Bhopal gas tragedy. • The Act comes into force on 19 Nov. 1986, the birth anniversary of our late Prime Minister Mrs. Indira Gandhi, who was a pioneer of environmental protection issues in our country.
OBJECTIVE • To implement the decisions made at the U.N. Conference on the Human Environment held at Stockholm in June, 1972. • To co-ordinate activities of the various regulatory agencies under the existing laws and creation of an authority or authorities for environment protection. • To provide for deterrent punishment to those who endanger human environment, safety and health. • To ensure sustainable development is also one of the goals of the EPA,1986. If the act is not armed with the powers to ensure sustainable development, it will become a barren shell.
To enact general law on environmental protection which could cover uncovered gaps in the areas of major environmental hazards as the existing laws generally focused on specific types of pollution or on specific categories of hazardous substances and some major areas of environmental were not covered. • In short, the EPA, 1986 aims at protecting and improving the environment and prevention of hazards to human beings, other living creatures, plant and property
SCHEME OF ACT The Environmental act, 1986 has 26 sections and it has been divided into four chapters relating to: • Preliminary. • General powers of the central government. • Prevention, control and abatement of Environmental pollution. • Miscellaneous.
PRELIMINARY • Short title, Extend and Commencement • Definitions
1. Short titles, Extend and Commencement :- • The Environment Protection Act (1986) Enacted under article 253 of the Indian constitution. To protect and improve environmental quality, control and reduce pollution from all sources. • This Act may be called the Environment (Protection)Act, 1986. • It extends to the whole of India. • It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and for different areas.
2. DEFINITIONS :- • 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, microorganisms and property. • 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. • Environmental Pollution : Environmental pollution means the presence in the environment of any environmental pollutant.
Handling : Handling, in relation to any substance, means the manufacture, process, treatment, destruction, conversion, offering for sale, transfer, or the like of such substance. • Hazardous Substance : Hazardous substance means any substance or preparation which, by reason of its chemical or physicochemical properties or handling, is likely to cause harm to human beings, other living creatures, plants, microorganisms, property, or the environment. • Occupier : Occupier in relation to any factory or premises means a person who has control over the affairs of the factory or premises and includes, in relation to any substance, the person in possession of the substance.
GENERAL POWERS OF CENTRAL GOVERNMENT • To make rules to regulate environmental pollution; • To notify standards and maximum limits of pollutants of air, water, and soil for various areas and purposes; Prohibition and restriction on the handling of hazardous substances, and location of industries • May constitute authority or authorities for the purpose of exercising of performing such of the powers and functions;
May appoint a person for inspection; • May issue directions in writing to any officers or any authority to comply; • It empower the government to make rules to achieve the object of the Act. • Persons carrying on industry, operation etc. not to allow emission or discharge of environmental pollutants in excess of the standards; • Persons handling hazardous substances must comply with procedural safeguards.
PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL POLLUTION • The Central Government has the power to take all such measures as it deems necessary for the purpose of protecting and improving the quality of environment and preventing, controlling and abating environmental pollution. Such measures may include:- • Co-ordination of actions by the State Government officers and other authorities under this act or under any law. • Planning and execution of nation- wide programmes for the prevention, control and abatement of environmental pollution. • Laying down standards for the quality of environment in the various aspects.
Laying down standards for the emission or discharge of environmental pollutants. • Restriction of areas in which any industry, operation or process shall be carried out. • Laying down procedures and safeguards for handling of hazardous substances. • Examination of manufacturing processes, materials and substances which are likely to cause environmental protection. • Carrying out and sponsoring investigations and research relating to problems of environmental pollution. • Establishment and recognition of environmental laboratories.
Such other matters as the Central Government may deem necessary of the purposes of securing effective implementation of this Act. • The Central Government may constitute an “authority” or “authorities" to exercise powers and perform functions as mentioned above.
CONCLUSIONS In conclusion, environment pollution are affecting not only individual but also entire countries all over the world. The awareness towards improving the quality of environment has increased substantially and all efforts are being made at different levels to minimize environmental pollution and thus help in improving the quality of life. • Management of environment means the proper utilization, conservation preservation, control and recycling of the resources for maintaining a balanced ecosystems. The main focus of environment management is, thus, to avoid the over-use, misuse and abuse of the natural resources
The effective environmental management is the optimum allocation of finite resources among the various possible uses and it has to be based on scientific and technological approach which takes full note of socioeconomic parameters and compulsions. • Environmental management is an interdisciplinary approach to resource conservation and it acts as a regulatory force on human wantonness in resource wasting. • In India the Twelfth Five Year Plan has emphasized the need for sound environmental management which includes environmental planning, protection, monitoring, assessment, research, education, and conservation as major guiding factors for national development.
Environmental pollution is a world-wide phenomenon; therefore, there is a need to have a coordinated administrative structure from international level to national levels so that the environmental problems may be tackled in a coordinated and co-operative way. • India is a “soft State” . It has excellent environmental laws, but politics and/or corruption prevent their effective implementation. The result has been disastrous for our environment and hence for the economy too, as we are now seeing.
“NATURE HAS EVERY THING FOR EVERY BODY’S NEED, BUT NOT ENOUGH FOR ONE MAN’S GREED”