BINS Environmental Laws

8/13/2019 BINS Environmental Laws

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To speed up compensation for victims GOI passed Bhopal Gas Act in March 1985


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The E(P)A - 1986The purpose of the Act :-

1. To implement the decisions of the UN Human Envnmt conference 19722. To prevent hazards to Human being, flora & fauna and property3. Provide framework for the Central Govt to co-ordinate activities of all

central and state authorities established under previous laws4. To give wide powers to the executive to enable bureaucrats to frame

necessary rules and regulations

The Scope of the Act ;-

To protect and improve environmentInclude 26 sections in 4 chaptersAct applicable al over India

SECTION 2of the Act defines the following terms thus : Environment Water, Air and land and the interrelationship with organism Environmental pollutant - Solid, liquid or gaseous substances present inconcentration Envrionmental pollution Hazardous substance - Substance by reason of its chemical or physicochemical

properties or handling is liable to cause harm


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The E(P)A - 1986The Scope of the Act ;-

SECTION 3 (1) of the Act The Central Govt can take all such measures :

Set new national standard for the quality of environmentSet standards for controlling emissions and effluent dischargesRegulate Industrial locations

Prescribe procedures for managing hazardous substancesEstablish safe guard for prevention of accidentsCollect and disseminate information regarding environmental pollution

PREVENTION , CONTROL & ABATEMENT

Based on the Act , the centre can :

The Details of the Act in different areas are :-

1. Pollution Control : Sec 7 of EPAProhibits discharge or emission of pollutants in excess of the standard set

Three types of standardsSource standardProduct standard vehicles, ac, fridge, air coolers, construction equipmentsAmbient standard - industrial , residential, commercial


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The E(P)A - 1986The Details of the Act in different areas are :-

2. Hazardous substance regulation:

Person generating hazardous waste do proper Handling, storage and disposal Hazardous industries identify and submit safety report stating preventive measures Importers of hazardous chemical must transport and chemical according to set rules Biomedical waste must be disposed properly Mfr, import , export storage and use of hazardous microorganisms and genetically

engineered cells have to get proper license for such activities

3. Environmental Impact Assessment

EIA compulsory from 1994IAA (Moef) clears the project

4. Coastal Regulations and Prevention of Special Areas

Ecologically sensitive zonesCoastal Zone Regulation

5. The Ecomark Scheme (1991)

Till 2003 no major progress


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The E(P)A - 1986Violations and Penalties under the Act :-

Close , prohibit or regulate any industry / operation

Stop or regulate the supply of water, electricity or any other service

Officer of the Central Govt assigned with specific duty can

ExamineTesting of equipmentTaking sampling of air , water, soil

Discharging of pollutants in excess of the standard permitted is unlawful

PENALTIES

Failure to follow rule a prison term of upto 5 yrs / a fine of Rs. 1,00,000 or bothFor every day of continued violation fine will be Rs. 5000/-If violation is more than 1 yr. prison term to be upto 7 yrs.


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Air (Prevention & Control of pollution) Actof 1981

The main provisions of the Act are:-1. Providing for Prevention, Control and Abatement of pollution2. Provide for the establishment of Central and State Pollution Control Boards3. Give powers to the Boards to implement the Act

Sources of air pollution come under this Act

IndustriesPower plants & Vehicles

The Air act PCB checks the emission of air pollutants like

All industries operating must get permit from the State Board State prescribe emission standard for different type of industries & automobilesafter consultation with Central Board The PCB can apply to court directly to restrict industries to keep emission or

effluents under permissible limit

CO2, SO2, CO, NO2, Pb, smoke , VOC


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Air (Prevention & Control of pollution) Actof 1981

Air act amended in 1987:-1. State govt can designate certain areas as pollution control areas2. Citizens can file suit, can ask PCB to give necessary emission data3. State Boards given the power to notify standards independently

Violation and Penalties

Disobeying any order or breaking the air act put in jail for 3 mnths or finedRs. 10,000/- for each day

Serious offence imprisonment and fine


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Water (Prevention & Control of pollution)Act of 1977

The main provisions of the Act are:-

1. To prevent and control water pollution

2. Prohibits discharging polluting matter into water bodies/ land.3. Obtain permission from SPCB before starting any industry/ operation

As per the Water Act, the CPCB can

Advice central govt on water pollutionFund investigation and research related to water pollution

Important features of the Water Act are as follows: Suggests that state govt can make water pollution laws Develop reliable and economical methods of treatment of sewage and effluentsfrom industry

Covers different type of water bodies like :- Streams, inland waters, undergroundwaters, sea water, tidal waters, wells, sewers etc.


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Water (Prevention & Control of pollution)Act of 1977

Powers of the state boards with regard to water act : Establish and enforce standards of effluents discharged into water bodies by factories approve , reject or modify applications submitted by factories concerned with effluentor sewage discharge. to minimize water pollution, can advise state govt. which sites would be suited forstarting new industries

Violations and Penalties under the Act :-

Board could start criminal proceedings against the erring industries

Applications could be submitted to magistrates to restrain polluters

Withdraw power/ water supply of the industry at fault

Close a defaulting industrial plant

Put severe punishment on the defautlers


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Water (Prevention & Control of pollution)Cess Act of 1977

Levy of cess or fees on water consuming industries differential pricing Minimum Acceptable standard for type of industry and medium of release Class A Drinking water without conventional treatmentClass B- Water for outdoor bathing

Class C Drinking water with conventional treatment

Class D Water for Wildlife and fisheriesClass E Water for recreation and aestheics ,irrigation and industrial


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Wildlife Protection Act of 1972Act features

1. Wildlife advisory boards and wildlife wardens and other staff appointed2. Schedule 1 animals and birds cannot be hunted at all3. For hunting animals and birds of Schedule 2 , 3 & 4 special permission needed4. State govt can declare any area of ecological importance as a sanctuary / a

national park5. Regulates trade in wild animals, animal products and trophies

Type Schedule

Endangered Species Schedule 1

Species requiring special protection Schedule 2

Big game Schedule 3

Small game Schedule 4

Some species classified as vermin Schedule 5


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Wildlife Protection Act of 1972Type Schedule

Endangered Species (some protected everywhere) Schedule 1

Species requiring special protection Schedule 2

Big game Schedule 3

Small game Schedule 4

Some species classified as vermin Schedule 5

Wild animals can be captured & taken to other places:-scientific mgmt of their populationsEx situ conservation

Act amended in 1982

Act amended in 1991Three major additions:-

Chapters included to protect specific plants and animalsfunctioning of zoos was also regulatedneed of tribal people and forest dwellers were recognized


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Wildlife Protection Act of 1972


Any violation of the act attracts imprisonment and fines

Citizens after giving a notice of 60 days, can prosecute the govt.


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Forest Conservation)Act of 1980

Act features States have to get approval of CENTRAL govt for:

1. De-reserving a reserved forest2. Using forest land for non-forest purposes3. Assigning forest land to a person or corporation4. For clearing forest land for reforestation etc

History

Indian forest Act 1927Forest cover 25% during independence decreased to 10% in 1970

Act features States have the power to:

1. Use forest for forestry purposes2. Construct water holes, trenches, check posts , fences, pipelines etc.


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Forest Conservation)Act of 1980

Act amended in 1992

1. Cultivation of crops like tea, coffee, spices , rubber etc are non-forest activities2. Cultivation of oil yielding plants, medicinal plants and fruit trees need prior

permission, No permission if crop is native species3. Taking stones and boulders from forests is a non-forestry activity.4. Tusser culture is forest is a tribal activity, but local host plants must be used.5. Any proposal for non-forest activity should provide a caost benefit analysis firt,

EIA study also must be done


Disobeying the act will lead to imprisonment of 15 days

Acts prohibits cutting of trees and forest land cannot be sued for non-forest purpose

BINS Environmental Laws

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