Environmental laws and regulations – indian scenario

1. AND REGULATIONS – INDIAN SCENARIO
Prof (Retd.). T.Swaminathan
Email : teeswami@gmail.com

2. Importance of Environment
• Types of Environment:
• Physical / Natural
• Social / Political / Economic
• Most environmental issues primarily focus on
Physical & Natural environment

3. Significance of Biosphere
• Three Environmental compartments
• Atmosphere
• Hydrosphere
• Lithosphere
• Three types of matter/ wastes
– Gas
– Liquid
– Solid
• All resources obtained from environment, wastes
discharged into environment
• Environment uses the wastes to recycle them into
resources - Biogeochemical cycles

4. Upsets in the equilibrium results in adverse
impacts on the ecosystems
Causes for upsets : Natural ---- Volcanos,
landslides
Matter of concern -- Anthropogenic (
manmade)
Real Problem : Over population, industrialization
and urbanization Increasing
consumptive lifestyle
Paradigm of sustainable development

5. Case study 1
• Thermal power plant using coal :
– Mining of coal
– Transportation
– Combustion
– Electricity generation, transmission
– Employment generation
– Infrastructure development
– Land degradation, displacement
– Loss of biodiversity
– RM & product pricing

6. Constitutional Provision
• India is one of the very few countries to accord environmental
protection a constitutional status.
• In the Constitution of India it is clearly stated that
• (Article 48A(1) - Directive Principles) Protection and
improvement of environment and safeguarding of forests and
wild life - The State shall endeavour to protect and improve
the environment and to safeguard the forests and wild life of
the country
• 51A. Fundamental duties- It shall be the duty of every citizen
of India - to ‘To protect and improve the natural environment
including forests, lakes, rivers and wild life, and to have
compassion for living creatures;

7. • The constitutional provisions are backed by a
number of laws – acts, rules, and notifications.
• The Department of Environment was
established in India in 1980 to ensure a healthy
environment for the country. This later became
the Ministry of Environment and Forests in
1985 (MoEF).
• The EPA (Environment Protection Act), 1986
came into force soon after the Bhopal Gas
Tragedy and is considered an umbrella
legislation as it fills many gaps in the existing
laws.

8. •Thereafter a large number of laws came into
existence as the problems began arising, for
example, Handling and Management of
Hazardous Waste Rules in 1989, The
Municipal Solid Wastes (Management and
handling) rules in 2000
•Following is a list of the environmental
legislations that have come into effect:
General
Forest and wildlife
Water
Air

9. General
1986 - The Environment (Protection) Act authorizes the
central government to protect and improve
environmental quality, control and reduce pollution
from all sources, and prohibit or restrict the setting and
/or operation of any industrial facility on environmental
grounds.
1986 - The Environment (Protection) Rules lay down
procedures for setting standards of emission or
discharge of environmental pollutants.
1989 - The objective of Hazardous Waste
(Management and Handling) Rules is to control the
generation, collection, treatment, import, storage, and
handling of hazardous waste.

10. 1989 - The Manufacture, Storage, and Import of
Hazardous Rules define the terms used in this
context, and sets up an authority to inspect, once a
year, the industrial activity connected with
hazardous chemicals and isolated storage facilities.
1989 - The Manufacture, Use, Import, Export, and
Storage of hazardous Micro-organisms/ Genetically
Engineered Organisms or Cells Rules were
introduced with a view to protect the environment,
nature, and health, in connection with the
application of gene technology and microorganisms.

11. 1991 - The Public Liability Insurance Act and
Rules and Amendment, 1992 was drawn up to
provide for public liability insurance for the
purpose of providing immediate relief to the
persons affected by accident while handling any
hazardous substance.
1995 - The National Environmental Tribunal Act
has been created to award compensation for
damages to persons, property, and the
environment arising from any activity involving
hazardous substances.

12. 1997 - The National Environment Appellate
Authority Act has been created to hear appeals
with respect to restrictions of areas in which
classes of industries etc. are carried out or
prescribed subject to certain safeguards under
the EPA.
1998 - The Biomedical waste (Management and
Handling) Rules is a legal binding on the health
care institutions to streamline the process of
proper handling of hospital waste such as
segregation, disposal, collection, and treatment.

13. 1999 - The Environment (Siting for Industrial
Projects) Rules, lay down detailed provisions relating
to areas to be avoided for siting of industries,
precautionary measures to be taken for site selecting
as also the aspects of environmental protection
which should have been incorporated during the
implementation of the industrial development
projects.
2000 - The Municipal Solid Wastes (Management
and Handling) Rules, apply to every municipal
authority responsible for the collection, segregation,
storage, transportation, processing, and disposal of
municipal solid wastes.

14. 2000 - The Ozone Depleting Substances
(Regulation and Control) Rules have been laid
down for the regulation of production and
consumption of ozone depleting substances.
2001 - The Batteries (Management and Handling)
Rules, 2001 rules shall apply to every
manufacturer, importer, re-conditioner, assembler,
dealer, auctioneer, consumer, and bulk consumer
involved in the manufacture, processing, sale,
purchase, and use of batteries or components so as
to regulate and ensure the environmentally safe
disposal of used batteries.

15. 2002 - The Noise Pollution (Regulation and Control)
Rules lay down such terms and conditions as are
necessary to reduce noise pollution, define standards
for equipments such as DG sets, machines etc, permit
use of loud speakers or public address systems during
night hours (between 10:00 p.m. to 12:00 midnight)
on or during any cultural or religious festive occasion
2002 - The Biological Diversity Act is an act to provide
for the conservation of biological diversity, sustainable
use of its components, and fair and equitable sharing
of the benefits

16. Coastal Zone Management Notification 2011
• Background:
• The implementation of CRZ notification ignored by
state governments.
• Vested interests from various lobbies (tourism,
industry, etc.)- tried to violate CRZ notification.
• CRZ notification amended 19 times- rendered the law
more impotent.
• Tsunami- 26th December 2004- intensified the
importance of this committee

17. The National Green Tribunal Act, 2010
Objectives:
1.The effective and speedy disposal of the cases
relating to environment protection and
conservation of forests and other natural
resources. All the previous pending cases will also
be heard by the Tribunal.
2.It aims at enforcing all the legal rights relating to
the environment.
3.It also accounts for providing compensation and
relief to effected people for damage of property.

18. 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.

19. The power conferred by the Environment
Protection Act are followed under the
following heads
Amendments to Principal Rules
Coastal Regulation Zone
Delegation of Powers
Eco-marks Scheme
Eco-sensitive Zone
Environmental Clearance - General
Environmental Labs

20. Environmental
Standards
Hazardous Substances
Management
Loss Of Ecology
Noise Pollution
Ozone Layer Depletion
Water Pollution
2-T Oil

22. 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.

23. 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.

24. 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.

25. National Water Policy
•National Water Policy (1987 ) – envtal & social concerns
reflected
•Need for integrated and multi-disciplinary approach to
planning & implementation of projects including env &
ecological aspects and rehabilitation of effected people
•Preservation of quality of env and ecological balance a prime
consideration in planning , implementation and operation of
projects
•Modified in 2002 and 2012
•Not backed by any laws
•National Water Framework Law under consideration of
MOWR

26. National forest policy 1988
• Salient features:
 Maintenance of environmental stability through
preservation and restoration of the ecological balance.
 Conservation of natural heritage of country by preserving
remaining forests.
 Checking soil erosion and extension of sand dunes.
 Increasing forest cover by afforestation.
 Meeting basic requirements of people (fuel,timber,food)
 Efficient utilization of forest produce.
 For conservation of biological diversity, a network of
national parks, sanctuaries, biosphere reserves and other
protected areas should be extended and properly
managed.

27. • National Environment Policy, 2006
 The first initiative in strategy-formulation for
environmental protection in a comprehensive manner.
 It undertakes a diagnosis of the causative factors of
land degradation with a view to flagging the remedial
measures required in this direction.
 It recognizes that the relevant fiscal, tariffs and
sectoral policies need to take explicit account of their
unintentional impacts on land degradation

28. Role of Judiciary in Imparting
Environmental Justice
 The Judiciary has come up with the “judge-
driven implementation” of environmental
administration in India.
It has isolated specific environmental law
principles upon interpretation of Indian
Statutes and Constitution.
Public Interest Litigations (PILs) which is the
result of the relaxation of the locus standi rules
by the judiciary, is the characteristic feature of
the environmental litigation in India.
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29. Role of Judiciary in Imparting
Environmental Justice
Disputes relating to environment are treated
as cases related to violation of fundamental
rights, rather than claims under law of torts.
It has been held that the Supreme Court and
the High Courts can be directly approached
under Article 32 and Article 226 of the
Constitution of India in case of matters relating
to environment.
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30. Role of Judiciary in Imparting
Environmental Justice (Contd.)
The orders of the Supreme Court and the High Courts cover a
wide range of areas including air, water, solid waste, hazardous
wastes, forests, mining activities, and architectural treasures.
Policy Statements of the government, which otherwise are not
enforceable in Courts, have been used as aids by the Judges for
interpreting environmental statutes and for spelling out
obligations of the Government.
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31. Judicial Decisions
“If the mere enactment of the laws relating to
protection of environment was to ensure a clean and
pollution free environment, then India would,
perhaps, be the least polluted country in the world.
But this is not so. There are stated to be over 200
Central and State statutes which have at least some
concern with environment protection, either directly
or indirectly. The plethora of such enactments has,
unfortunately, not resulted in preventing
environmental degradation which on the contrary,
has increased over the years.

32. Development and Environment
• Development & environment – two sides of
same coin ( oft repeated )
• Talk of integration of env concerns into dev
process
• Still controversies continue
• Reasons ? – misinformation and
misconceptions

33. Development & Environment(cont)
• Society divided in – developers and
conservationists
• Developer feels Conservationist is out to stop
all development
• Conservationist feels Developer is out to
degrade all environment
• Need for collaboration & co-ord

34. Thank You