legal requirements for environmental protection

8/8/2019 Legal Requirements for Environmental Protection

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Legal Requirements for

Environmental Protection

Legal Requirements for

Environmental Protection



Environmental Legislation in IndiaEnvironmental Legislation in IndiaEnvironmental Legislation in IndiaEnvironmental Legislation in India

1. The Water ( revention & Control of oll tion) Act, 1974, as amended pto 1988

2. The Water ( revention & Control of oll tion) les, 1975, as amendedp to 1994

3. The Water ( revention & Control of oll tion) Cess Act, 1977, asamended p to 2003

4. The Water ( revention & Control of oll tion) Cess les, 1978, as

amended p to 19925. The Air ( revention and Control of oll tion) Act 1981, as amended p to

1987

6. The Air ( revention and Control of oll tion) les, 1982, as amendedp to 1992

The first few laws for environmental protection in

India were focused on water and air pollution.



1. T e Environment (Protection) ct, 1986, as amended u to 1989

. T e Environment (Protection) Rules, 1986, as amended u to

. Notification dated t January, 1994 - Environmental Im act

ssessment of Develo ment Projects, as amended u to

4. T e Environment (Protection) Second mendment Rules, 1992:

Notification dated 13t

Marc , 1992 - Environmental Statement

amended on 22/04/93

Post-Bhopal Disaster (MIC leak from M/s Union Carbide) the first

comprehensive enactment which took a holistic view of

environmental protection

The Environment (Protection) Act is called an µUmbrella Act¶ as it

provides a platform for issuing enactments on specific issues such as

hazardous waste / bio-medical waste / noise ozone depleting

substances etc. )



Industries are required to pay aIndustries are required to pay acess on t e water consumed, ascess on t e water consumed, asindustries disc arge waste water toindustries disc arge waste water towater bodies (rivers, lakes, sea etc.)water bodies (rivers, lakes, sea etc.)

Pay cess (tax) to P as per tariff Pay cess (tax) to P as per tariff decided by Govt.decided by Govt.

Install water meters at prescribedInstall water meters at prescribedlocations to monitor consumptionlocations to monitor consumption

Furnis cess returns every mont toFurnis cess returns every mont to

PP Pay t e cess as assessed by PPay t e cess as assessed by P

Pay interest / penalty on delayedPay interest / penalty on delayedpaymentpayment

Provision to claim rebate on cessProvision to claim rebate on cesspaid.paid.

llow P to enter, inspect andllow P to enter, inspect and

examine records.examine records.

Rebate on cess payable to PRebate on cess payable to P --can be claimed if (a) quality of can be claimed if (a) quality of

treated effluent is wit in norms (b)treated effluent is wit in norms (b)

water consumption is wit inwater consumption is wit in

prescribed limits and © complianceprescribed limits and © compliance

wit all provisions of t ewit all provisions of t e

Environment (Protection) ct andEnvironment (Protection) ct andRules.Rules.

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ObligationsObligations andand ResponsibilitiesResponsibilities of industriesof industries

under under The Water (P

revention & Control of The Water (P

revention & Control of Pollution) Cess Act and RulesPollution) Cess Act and Rules



ObligationsObligations andand ResponsibilitiesResponsibilities of industries under of industries under TheThe

Air (Prevention & Control of Pollution) Act and RulesAir (Prevention & Control of Pollution) Act and Rules

Obtain P ³ onsent´ beforeObtain P ³ onsent´ beforeestablis ment again beforeestablis ment again before

commencement of operation.commencement of operation. omply wit onditionsomply wit onditions

stipulated in t e µ onsent tostipulated in t e µ onsent toOperate¶Operate¶

omply wit any ot er directionsomply wit any ot er directionsissued by Pollution ontrolissued by Pollution ontrol

oard (P )oard (P ) Inform P about any emissionInform P about any emission

disc arge beyond standardsdisc arge beyond standards

Provide appropriate facilities for Provide appropriate facilities for sampling stack emissionssampling stack emissions

llow P to«llow P to« ± ± To enter and inspectTo enter and inspect

± ± Obtain informationObtain information

± ± ollect emission samplesollect emission samplesand monitor ambient air and monitor ambient air qualityquality

Meet t e ³permissible limits´Meet t e ³permissible limits´stipulated for stack emissionstipulated for stack emissionquality.quality.

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Meet standards laid by entral Govt. ± entral Pollution

ontrol oard / Ministry of Environment Forests

omply wit directions issued by entral Govt. Provide information on accidental disc arges or emission in

excess of standards

Submit yearly ³Environmental Statement´ before 30t

September every year.

llow entry, inspection and sampling by entral Govt.Representative

Obtain prior µEnvironmental learance¶ if applicable.

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under under

The Environment (Protection) Act and RulesThe Environment (Protection) Act and Rules



Major Rules under T e EnvironmentMajor Rules under T e Environment

(Protection) ct and Rules(Protection) ct and Rules

Major Rules under T e EnvironmentMajor Rules under T e Environment

(Protection) ct and Rules(Protection) ct and Rules1. T e Hazardous Wastes (Mana ement and Handlin ) Rules, 1989, as

amended up to 2003

2. T e oise Pollution (Re ulation and Control) Rules, 2000, as amended

up to 2002

3. T e Bio-Medical Waste (Mana ement and Handlin ) Rules, 1998 as

amended up to 2003

4. T e Ozone epletin ubstances (Re ulation and Control) Rules, 2000.

5. T e Batteries (Mana ement and Handlin ) Rules, 2001



Major Notifications issued under T eMajor Notifications issued under T e

Environment (Protection) ct and RulesEnvironment (Protection) ct and Rules

Environmental Impact ssessment (EI ) NotificationsEnvironmental Impact ssessment (EI ) Notifications oastal Regulation Zones ( RZ) Notificationsoastal Regulation Zones ( RZ) Notifications

Emission standards (industry specific and also for specificEmission standards (industry specific and also for specific

µland use¶ zones; i.e. Residential, ommercial, Industrial,µland use¶ zones; i.e. Residential, ommercial, Industrial,

Sensitive etc.)Sensitive etc.)

Guidelines on locations of industries, mines etc.Guidelines on locations of industries, mines etc.

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Obtain ³aut orisation´ from P

omply wit conditions stipulated in P ³aut orisation´

Ensure disposal of azardous wastes in line wit t e

³aut orisation´.

Ensure packaging, labelling and transportation of azardous

wastes as per entral Motor Ve icles ct and Rules.

Maintain records of generation and disposal at site Submit nnual returns about quantity, type and met od of

disposal.

Report ³accidents w ile andling azardous wastes´ if any to

P .9

ObligationsObligations andand ResponsibilitiesResponsibilities of industries under of industries under

The HazardousThe Hazardous Wastes (Management and Handling)Wastes (Management and Handling)

RulesRules



Obtain Insurance policy. Sum insured = paid up Obtain Insurance policy. Sum insured = paid up capital or 0 crores, w ic ever is lesser capital or 0 crores, w ic ever is lesser

Provide relief in case of deat /injuryProvide relief in case of deat /injury

ontribute to Environmental Relief Fundontribute to Environmental Relief Fund

Provide compliance info.Provide compliance info.

llow entry and inspectionllow entry and inspection Pay amount prescribed by ollector Pay amount prescribed by ollector

omply wit directivesomply wit directives

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under under

The Public Liability Act andThe Public Liability Act and RulesRules



Reliable references for furt er reading«Reliable references for furt er reading«

³Pollution ontrol cts, Rules and Notifications issued

t ereunder ́ publis ed by entral Pollution ontrol oard.

Latest Edition.

³Indian Environmental Legislation. Guide for Industry and

usiness´. y onfederation of Indian Industry. Latest

edition.

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legal requirements for environmental protection

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