ENVIRONMENT LEGISLATION

ENVIRONMENT LEGISLATIONOn 5th June 1972, environment was first discussed as an item of environmental agenda in the UN Conference on human environment in Stockholm and thereafter 5th June is celebrated all over the world as world environmental day.The provisions for environmental protection in the constitution were made in 1976 through 42 amendment under the Article 48A and Article 51A(g). Thus our constitution includes environmental protection and conservation as our fundamental duties.A) The Environmental (Protection) Act, 1986 Features of EPA, 1986

1)The central government shall have the powers 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 env. pollution.

Central government has powers:

a) Planning and execution of nation wide programmes for prevention, control and abatement of env. Pollution.

b) Laying down standards for quality of environment in various aspects.

c) Laying down procedures and safeguards for prevention of accidents which may cause environmental pollution and remedial measures for such accidents.d) Carrying out and sponsoring investigations and research relating to problems of env. Pollution.

e) Inspection of any premises, plant, equipment, machinery for prevention, control and abatement.

f) Preparation of manuals, codes or guides relating to prevention control and abatement of env. Pollution.

2) The central govt. may appoint officers with such designation as it thinks fit for the purpose of this act.

3) No person carrying out any industry, operation or process shall discharge or emit or permit to be discharged any environmental pollutants in excess of such standards as may be prescribed.

4) No person shall handle or cause to be handled any hazardous substance except in accordance with such procedures and after complying with the safeguards as may be prescribed.5) Where the discharge of the environmental pollutant in excess of the prescribed standard occurs due to any accident or other unforeseen act, the person responsible for such discharge and person in charge of that place shall be bound to prevent or mitigate the env. Pollution caused as a result of such discharge.

6) the central government or any other officer empowered by it, in this behalf shall have the power to take, for the purpose of analysis, samples of air, water, soil or other substances from any factory premises or other places in such a manner as may be prescribed.

Under the E(P)Rule , 1986 an amendment was made in 1994 for EIA (Environment Impact Assessment) for various developmental projects. There are 29 types of projects which requires clearance from central government before establishing, others requires clearance from SPCB (State Pollution Control Board).

The proposed project or expansion activity proponent has to provide EIA report, risk assessment report , NOC from SPCB. In EIA there is also provision of env. audit as a means of checking weather or not a company is complying with env. laws.B) The Air (Prevention and Control of Pollution) Act, 1981

An act to provide for prevention, control and abatement of air pollution, for the establishment with a view to carry out aforesaid purposes of boards. For conferring on and assigning to such boards, powers and functions relating thereto and for matters connected therewith.

Under Section 16: Functions of Central Board

1) Subject to the provision of this Act, the main function of Central Board shall be to improve the air and to prevent, control or abate air pollution in country.2) The Central Board may :

2a) Advice the Central govt. on matters concerning the improvement of air quality

2b) Plans to execute nationwide programme for prevention, control and abatement

Of pollution.

2c) Provide technical assistance and guidance to state board.

2d) Plan and organise the training of persons engaged or to be engaged in programmes for prevention control and abatement of air pollution.2e) Lay down standards for air quality.

Under section 17: Functions of State Boards

1) To collect and disseminate information relating to air pollution.

2) To collaborate with central board in organising the training of persons engaged in programmes relating to prevention, control or abatement of air pollution.

3) To inspect air pollution control areas at such regular interval of time as it may think necessary.

A State Board may establish or recognise laboratories to enable state board to perform its function under this section efficiently.C) The Water (Prevention and Control of Pollution) Act, 1974

The water Act was enacted by Parliament Act, 1974 purpose to provide for the prevention of control of water pollution and maintaining and restoring of wholesomeness of water.

Under Section 16: Functions of Central Board:

1) To promote the cleanliness of stream and wells in different areas of state.

2) Co-ordinate the activities of state board and resolve disputes among them.

3) Provide technical assistance and guide to State board.

4) Collect compile and publish technical and statistical data relating to water pollution.

5) The board may establish or recognise laboratories to enable the board to perform its functions efficiently.

Under Section 17: Functions of State Board:

1) To inspect the sewage or trade effluent.

2) Lay down modify annual effluent standards for the sewage and trade effluents for quality of receiving waters.

Under Section 24:

No person shall discharge any poisonous noxious or any polluting matter into the stream, well sewer or land.

Under Section 43:

Whoever contravenes the provisions of Sec 24 shall be punishable with imprisonment for a term of 1 year and 6 months and may extend to 6 years with fine.

D) WILDLIFE (Protection) Act, 1972An Act to provide for the protection of wild animals birds and plants and for the matters connected therewith. It extends to whole of India except J&K. the major activities and provisions in this Act are:

1) It provides for the appointment of wildlife advisory board.

2) Protection of some endangered species.

3) The Act provides declaration of sanctuaries and national Parks.

4) There is a restriction on entry to sanctuary the chief wildlife warden may on application grant to any person a permit to enter or reside in a sanctuary for investigation or study of wildlife, scientific research, photography, transaction of lawful business.

5) No person shall wilfully pick, uproot, damage, destroy, acquire or collect any specified plant from any forest or land and any area specified or notified by the central govt.

6) The chief wildlife warden may permit any person to hunt such animal if any wild animals has become dangerous to human life or is so disabled or diseased as to be beyond recovery in writing and stating the reasons. Any wild animal killed in defence of any person shall be govt. property.

7) Chief wildlife warden may grant a permit to any person in writing stating the reasons on payment of such a fee that is prescribed for the purpose of education, scientific research, collection of snake venom for the manufacture of life saving drug.

8) It provides legal powers to officers and punishment to offenders. Any person who commits a breach of any of the conditions of any licence or permit granted under this Act, shall be guilty of an offence against this Act and shall be punishable with imprisonment.

E) Forest (Conservation)Act, 1980An act to provide for the conservation of forest and matters connected therewith or ancillary.

It extends to whole of India except J&K.

UNDER Section 2: use of forest land for non forest purpose.

3: constitution of advisory committee.

3a: penalty for contravention of the provision of the Act.

3b: offence by the authorities and govt. deptt.

4: powers to make rule

5: repeal and saving

ISSUES INVOLVED IN ENFORCEMENT OF ENVIRONMENTAL LEGISLATIONS

There are certain drawbacks of the Acts due to which govt. faces different problems in their enforcement.

1) The offenders of wildlife (Protection) Act are not subjected to harsh punishment. The offenders can be fined of rupees 25000 or imprisoned for 3 years or both which is not enough to deal with poachers and wildlife traders.

2) J&K state has its own wildlife Act which do not follows the central wildlife act and hunting and trading of several endangered species which are prohibited are allowed in J&K.

3) Since the chairman and member of Boards are often drawn from forest services or administrative services they do not have technical background in pollution control and find difficulties in providing proper guidance to their sub-ordinates.

4) To enforce the punishment to the polluters the SPCB has to file a case in lower court and due to insufficient availability of time and over workload the lower court are not allowed to solve the case on time and it remains pending for years.

5) Due to lack of sufficient equipments PCB are not able to investigate / monitor the sites.

6) Public awareness is needed.