Environmental Studies
Content
ENVIRONMENTAL STUDIES
REPORT ON: ENVIRONMENTAL LAWS
Name: Class: Roll NO:
Girish N.Panchal TE-EXTC 34
DEPARTMENT OF ELECTRONICS & TELECOMMUNICATION LOKMANYA TILAK COLLEGE OF ENGINEERING, NAVI MUMBAI UNIVERSITY OF MUMBAI 2009-2010
Contents
Sr No.
PAGE TITLE
PAGE no
1 2
Introduction General Laws
1986 - The Environment (Protection) Act 1989 - The objective of Hazardous Waste Rules 1989 - The Manufacture, Storage, and Import of Hazardous Rules 1991 - The Public Liability Insurance Act and Rules 1995 - The National Environmental Tribunal Act 1998 - The Biomedical waste (Management and Handling) Rules 1999 - Siting for Industrial Projects Rules 2000 - The Ozone Depleting Substances 2001 - The Batteries (Management and Handling) 2002 - The Noise Pollution 2002 - The Biological Diversity Act
3 4-12
3
Forest and wildlife Laws
1927 - The Indian Forest Act and Amendment, 1984 1972 - The Wildlife Protection Act, Rules 1973 and Amendment 1991 1980 - The Forest (Conservation) Act and Rules, 1981
13-16
4
Water
1882 - The Easement Act 1897 - The Indian Fisheries Act 1956 - The River Boards Act 1970 - The Merchant Shipping Act 1974 - The Water (Prevention and Control of Pollution) Act 1991 - The Coastal Regulation Zone Notification
17
5
Air
1948 ± The Factories Act and Amendment in 1987 1981 - The Air (Prevention and Control of Pollution) Act 1982 - The Air (Prevention and Control of Pollution) Rules 1982 - The Atomic Energy Act 1987 - The Air (Prevention and Control of Pollution) Amendment Act 1988 - The Motor Vehicles Act
18-19
6
Bibliography
20
2
Environmental Law is a body of
law, which is a system of complex and interlocking statutes, common law, treaties, conventions, regulations and policies which seek to protect the natural environment which may be affected, impacted or endangered by human activities. Other areas related to Environmental are Agricultural Law, Animal Law, Energy, Equine Law, Forestry and Fisheries, Natural Resources, and Oil and Gas Law. In the Constitution of India it is clearly stated that it is the duty of the state to protect and improve the environment and to safeguard the forests and wildlife of the country . It imposes a duty on every citizen to protect and improve the natural environment including forests, lakes, rivers, and wildlife . Reference to the environment has also been made in the Directive Principles of State Policy as well as the Fundamental Rights. 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. The constitutional provisions are backed by a number of laws acts, rules, and notifications. 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. 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. Following is a list of the environmental legislations that have come into effect: General Forest and wildlife Water Air
3
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 (i) "Standards' means standards prescribed under these rules; (j) "State Board" means a State Pollution Control Board constituted under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) or a State Pollution Control Board constituted under section 5 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981); 3. Standards for emissions or discharge of environmental pollutants (1) For the purpose of protecting and improving the quality of the environment and preventing and abating environmental pollution, the standards for emission or discharge of environmental pollutants from the industries, operations or processes shall be as specified in 2[Schedule I to IV]. (2) Notwithstanding anything contained in sub-rule (1),the Central Board or a State Board may specify more stringent standards from those provided in Schedule I to IV] in respect of any specific industry, operation or process depending upon the quality of the recipient system and after recording reasons therefore in writing. (3) The standards for emission or discharge of environmental pollutants specified under sub-rule (1) or sub-rule (2) shall be complied with by an industry, operation or process within a period of one year of being so specified. (i) Notwithstanding anything contained in sub-rules (1) and (2), on and from the 1st day of January, 1994, emission or discharge of environmental pollutants from the 6[industries, operations or processes other than those industries, operations or processes for which standards have been specified in Schedule-I] shall not exceed the relevant parameters and standards specified in schedule VI.
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Provided that the State Boards may specify more stringent standards for the relevant parameters with respect to specific industry or locations after recording reasons therefore in writing; (ii) The State Board shall while enforcing the standards specified in Schedule VI follow the guidelines specified in Annexure I and II in that Schedule]. The combined effect of emission or discharge of environmental pollutants in an area, from industries, operations, process, automobiles and domestic sources, shall not be permitted to exceed the relevant concentration in ambient air as specified against each pollutant in columns (3) to (5) of Schedule VII.] (4) Notwithstanding anything contained in sub-rule (3)(a) the Central Board or a State Board, depending on the local conditions or nature of discharge of environmental pollutants, may, by order, specify a lesser period than a period specified under sub-rule (3) within which the compliance of standards shall be made by an industry, operation or process (b) the Central Government in respect of any specific industry, operation or process, by order, may specify any period other than a period specified under sub-rule (3) within which the compliance of standards shall be made by such industry, operation or process. (5) Notwithstanding anything contained in sub-rule (3) the standards for emission or discharge of environmental pollutants specified under sub-rule (I) or sub-rule (2) in respect of an industry, operation or process before the commencement of the Environment (Protection) Amendment Rules, 1991, shall be complied by such industry, operation or process by the 31st day of December 1991. [(6) Notwithstanding anything contained in sub-rule (3), an industry, operation or process which has commenced production on or before 16th May, 1981 and has shown adequate proof of at least commencement of physical work for establishment of facilities to meet the specified standards within a time-bound programme, to the satisfaction of the concerned State Pollution Control Board, shall comply with such standards latest by the 31 st day of December, 1993.
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(7) Notwithstanding anything contained in sub-rule (3) or sub-rule (6) an industry, operation or process which has commenced production after the 16th day of May, 1981 but before the 31st day of December 1991 and has shown adequate proof of at least commencement of physical work for establishment of facilities to meet the specified standards within a time-bound programme, to the satisfaction of the concerned State Pollution Control Board, shall comply with such standards latest by the 31st day of December, 1992.] 1989 - The objective of Hazardous Waste (Management and Handling) Rules is to control the generation, collection, treatment, import, storage, and handling of hazardous waste. Responsibility of the occupier for handling of wastes 1. The occupier generating hazardous wastes listed in column(2) of the Schedule in quantities equal to or exceeding the limits given in column(3) of the said Schedule, shall take all practical steps to ensure that such wastes are properly handled and disposed of without any adverse effects which may result from such wastes and the occupier shall also be responsible for proper collection, reception, treatment, storage and disposal of these wastes either himself or through the operator of a facility. 2. The occupier or any other person acting on his behalf who intends to get his hazardous waste treated by the operator of a facility under sub-rule (1) shall give to the operator of a facility, such information as may be specified by the State Pollution Control Board. Grant of authorization for handling hazardous wastes 1. Hazardous wastes shall be collected, treated, stored and disposed of only in such facilities as may be authorised for this purpose. 2. Every occupier generating hazardous wastes and having a facility for collection, reception, treatment, transport storage and disposal of such wastes shall make an application in Form 1 to the State Pollution Control Board for the grant of authorisation for any of the above activities : Provided that the occupier not having a facility for the collection, reception, treatment, transport, storage and disposal of hazardous wastes shall make an applicaton to the State Pollution Control Board in Form 1 for the grant of
6
authorisation within a period of six months from the date of commencement of these rules. 3. Any person who intends to be an operator of a facility for the collection, reception, treatment, transport, storage and disposal of hazardous wastes, shall make an application in Form 1 to the State Pollution Control Board for the grant of authorisation for any of the above activities. Provided that the operator engaged in the business of the collection, reception, treatment, transport, storage and disposal of hazardous wastes shall make an application to the State Polution control Board in Form 1 for the grant of authorisation within a period of six months from the date of commencement of these rules. . Power to suspend or cancel an authorization 1. The State Pollution Control Board may cancel an authorisation issued under these rules or suspend it for such period as it thinks fit, if in its opinion, the authorised person has failed to comply with any of the conditions of the authorisation or with any provisions of the Act or these rules, after giving the authorised person an opportunituy to show cause and after recording reasons therefor. Packaging,labelling and transport of hazardous wastes 1. Before hazardous wastes is delivered at the hazardous waste site, the occupier or operator of a facility shall ensure that the hazardous wastes is packaged in a manner suitable for storage and transport and the labelling and packaging shall be easily visible and be able to withstand physical conditions and climate factors. 2. Packaging, labelling and transport of hazardous wastes shall be in accordance with the provisions of the rules issued by the Central Government under the Motor Vehicles Act, 1988 and other guidelines issued from time to time. 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
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immediate relief to the persons affected by accident while handling any hazardous substance 1. (1) This Act may be called the Public Liability Insurance Act, 1991. (2) It shall come into force on such date as the Central Government may, b) notification, appoint. (ii) in the case of an association, any of its members; and (iii) in the case or a company, any of its directors, managers, secretaries or other officers who is directly in charge of, and is responsible to the company for the conduct of the business of the company;] (h) "prescribed" means prescribed by rules made under this Act;
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[(ha) "Relief Fund" means the Environmental Relief Fund establishment under section 7A ] (i) "rules" means rules made under this Act; (ii) "vehicle" means any mode of surface transport other than railways.
3. (1) Where death or injury to any person (other than a workman) or damage to any property has resulted from an accident, the owner shall-be liable to give such relief as is specified in Schedule for such death, injury or damage. (2) In any claim for relief under sub-section (I) (hereinafter referred to in this Act as claim for relief), the claimant shall not be required to plead and establish that the death, injury or damage in respect of which the claim has been made was due to any wrongful act, neglect or default of any person. Explanation.-For the purpose of this section,(i) "workman" has the meaning assigned to it in the Workmen s Compensation Act, 1923 (8 of 1923); (ii) "injury" includes permanent total or permanent partial disability or sickness resulting out of an accident.
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4. (1) Every owner shall take out, before he starts handling any hazardous substance, one or more insurance policies providing for contracts of insurance thereby he is insured against liability to give relief under sub-section (1) of section 3; No insurance policy taken out by an owner shall be for a amount less than the amount of the paid-up capital of the under taking handling any hazardous substance and owned or controlled by that owner and more than the amount, not exceeding fifty crore rupees, as may be prescribed. Explanation.- "Paid-up capital" in this sub-section means, in the case of an owner not being a company, the market value of all assets and stocks of the undertaking on the date of contracts of insurance. (2B) The liability of the insurer under one insurance policy shall not exceed the amount specified in the terms of the contract of insurance in that insurance policy. (2C) Every owner shall also, together with the amount of premium, pay to the insurer, for being credited to the Relief Fund established under section 7A, such further amount, not exceeding the amount of premium, as may be prescribed. (3)The Central Government may, by notification, exempt from the operation of sub-section (1) any owner, namely:(a) the Central Government; (b) any State Government, (c) any corporation owned or controlled by the Central Government or a State Government; or (d) any local authority: Provided that no such order shall be made in relation to such owner unless a fund has been established and is maintained by that owner in accordance with the rules made in this behalf for meeting any liability under subsection (I) of section 3.
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5. Whenever it comes to the notice of the Collector that an accident has occurred at any place within his jurisdiction, he shall verify the occurrence of such accident and cause publicity to be given in such manner as he deems fit for inviting applications under sub-section (1) of section 6 6. (1) An application for claim {or relief may be madea) by the person who has sustained thc injury; (b) by the owner of the property to which thc damage has been caused; (c) where death has resulted from the accident, by all or any of the legal representatives of thc deceased; or (d) by any agent duly authorised by such person or owner of such property or all or any Of the legal representatives of the deceased, as the case may be: Provided that where all thc legal representatives of the deceased have not joined in any such application for relief, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined shall be impleaded as respondents to the application. (2) The Collector shall arrange to deliver copies of the award to the parties concerned expenditiously and in any case within a period of fifteen days from the date of thc award. When an award is made under this section,(a) the insurer, who is required to pay any amount in terms of such award and to the extend specified in sub-section (2B) of section 4, shall, within a period of thirty days of the date of announcement of the award, deposit that amount in such manner as the Collector may direct; (b) the Collector shall arrange to pay from the Relief Fund, in terms of such award and in accordance with the scheme made under section 7A, to the person or persons referred to in sub-section (I) such amount in such manner as may be specified in that scheme;
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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. 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. 1999 - The Environment (Siting for Industrial Projects) Rules, 1999 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. 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.Applicability:-Apply to all municipal authorities responsible for collection, segregation, storage, transportation processing and disposal of municipal solid wastes.
Responsibility of Municipal Authority:Every municipal authority shall, within the territorial area of the municipality, be responsible for the implementation of the provisions of these rules, and for any infrastructure development for collection, storage, segregation, transportation, processing and disposal of municipal solid wastes. the municipal authority or an operator of a facility shall make an application in Form-I, for grant of authorisation for setting up waste processing and disposal facility including landfills from the State Board or the Committee in order to comply with the implementation programme laid down in Schedule-I.
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3. the municipal authority shall comply with these rules as per the implementation schedule laid down in Schedule-I. 4. The municipal authority shall furnish its annual report in Form-II. Management of Municipal Solid Wastes :- (1) Any municipal solid waste generated in a city or a town, shall be managed and handled in accordance with the compliance criteria and the procedure laid down in Schedule-II 1999 - The Environment (Siting for Industrial Projects) Rules, 1999 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, 2000 apply to every municipal authority responsible for the collection, segregation, storage, transportation, processing, and disposal of municipal solid wastes. 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. 2002 - The Noise Pollution (Regulation and Control) (Amendment) Rules lay down such terms and conditions as are necessary to reduce noise pollution, 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 arising out of the use of biological resources and knowledge associated with it
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Forest and wildlife
1927 - The Indian Forest Act and Amendment, 1984, is one of the many surviving colonial statutes. It was enacted to consolidate the law related to forest, the transit of forest produce, and the duty leviable on timber and other forest produce . 1972 - The Wildlife Protection Act, Rules 1973 and Amendment 1991 provides for the protection of birds and animals and for all matters that are connected to it whether it be their habitat or the waterhole or the forests that sustain them. The Wildlife Protection Act, 1972, provides for protection to listed species of flora and fauna and establishes a network of ecologically-important protected areas. The Act consists of 60 Sections and VI Schedules- divided into Eight Chapters. The Wildlife Protection Act, 1972 empowers the central and state governments to declare any area a wildlife sanctuary, national park or closed area. There is a blanket ban on carrying out any industrial activity inside these protected areas. It provides for authorities to administer and implement the Act; regulate the hunting of wild animals; protect specified plants, sanctuaries, national parks and closed areas; restrict trade or commerce in wild animals or animal articles; and miscellaneous matters. The Act prohibits hunting of animals except with permission of authorized officer when an animal has become dangerous to human life or property or as disabled or diseased as to be beyond recovery. The Act underwent many amendments. An amendment to the Act in 1982, introduced provisions permitting the capture and transportation of wild animals for the scientific management of animal population. An amendment in the year 1991 resulted in the insertion of the special chapters dealing with the protection of specified plants and the regulation of zoos. This also recognized the needs of tribal and forest dwellers and changes were introduced to advance their welfare. The near-total prohibition on hunting was made more effective by the Amendment Act of 1991 Widespread changes have been made by the Wildlife (Protection) Amendment Act, 2002 and a new chapter has been incorporated as Chapter VI-A to deal with
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the forfeiture of property derived from illegal hunting and trade. Further, this amendment Act also introduced the concept of co-operative management through conservation reserve management committee and community reserve committees. With this introduction now let us discuss the Wildlife (Protection) Act, 1972 in a detailed way. 1. Evolution and Development of the concept of Wildlife Protection in India India is endowed with an immense variety of natural resources in its rich animal and plant heritage. Wildlife is one of our basic and natural resources that satisfies the needs or wants of civilization. Therefore, this resource must be conserved, preserved and protected for the existence of mankind. Now let us see the chronological development of wildlife protection in India in different periods. 1.1 Wildlife Protection in Ancient India In ancient India the environmental protection was a moral duty which is imposed on people by religious scriptures, seers, and other agencies. The scriptures of Hindu religion emphasize the protection of the environment and the living creatures. Some of the animals were considered as the vehicles of gods. Matsya was considered as the go since it is the first living organism existed in earth. Cow was considered as god. Certain birds and animals were considered as the vehicle of gods. Certain trees like Banyan, Tulsi etc. were considered as the dwelling place of the gods. Kautilya, one of the great political philosophers and the author of The Arthasasthra, prohibited and prescribed penalties for the killing of animals, cutting of trees and the excess exploitation of the natural resources. The great Maurya king Ashoka banned the killing of wild animals, and later prohibited the killing of certain species of animals. In the words of St. Thukharam, animals and plants are the kin and kith of human beings. These are some specimens to show the manner in which the ancient Indians took care for the protection of wildlife. Though it was a moral duty in the beginning later the kings started to impose it as a legal duty. In ancient India, as the moral duty, the destruction of heritage and richness of environment and the biodiversity was considered as an injury and insult to Gods. And now the wildlife protection is a legal duty.
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1.2 Wildlife Protection in India during British period In the pre-constitutional period, there were a few legislations which are enacted to protect the wildlife from exploitation. The Cattle Trespass Act, 1871; The Elephants Preservation Act, 1879; some sections of Indian Penal Code, 1860; wild Birds and Animals Protection Act, 1912, The Indian Forest Act, 1927 are some preconstitutional enactments on wildlife protection. The Elephants Preservation Act prohibited killing, injuring or capturing, or any attempt at the same, unless it is in self-defense, permitted by a license, or when the elephant is found damaging house or cultivation, or immediate vicinity of public road, railway or canal. The Indian Penal Code, 1860, though it has no specific provision relating to wildlife, but it defines the term animal in Section 47 and declares maiming, killing of animals as an offence and punishable under Sections 428 and 429. The Indian Forest Act, 1927 also included certain provisions for restricting hunting in reserved and protected forests and other authorized establishments or Sanctuaries. Under this Act, hunting, shooting, fishing, poisoning water or setting traps, etc. is an offence. These are the some of the wildlife protection legislations enacted in the British period. 1.3 Wildlife Protection in India after Independence The Post- independence era witnessed a lot of changes in the policies and attitudes of the Governments with respect to environmental protection. There were many enactments to protect the Forest, Environment, Water, Air and BioDiversity. All these Acts are directly or indirectly give provisions to the protection of the wildlife. But let me specifically emphasis on Wildlife protection, since my topic is wildlife protection. The Indian Constitution gives ample provisions to protect the wildlife in its territory. Though there are many implied provisions on wildlife protection in the constitution like Art.21,Union , State and Concurrent list, the main Articles which specifically protects the wildlife are Art.48-A and Art. 51-A(g). Art. 48-A says that the state shall endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country. Art. 51A (g) imposes fundamental duty on the every citizen of India to protect and improve the environment and have compassion for living creatures.
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2. Territorial Jurisdiction of Wildlife (Protection) Act, 1972 Wildlife (Protection) Act, 1972 has been accepted and adopted by all the states except Jammu and Kashmir. This is the first comprehensive legislation relating to protection of wild life was passed by the Parliament and it was assented by the President on 9th September, 1972 and came to be known as The Wild Life (Protection) Act, 1972 (53 of 1972). 3. Definition of Wildlife The Section 2(37) of the Act defines wildlife as wildlife includes any animal, bees butterflies, crustacean, fish and moths; and aquatic or land vegetation which forms part of any habitat. So the meaning of the wildlife in this Act is very wide and inclusive of all kinds of flora and fauna. 4. Authorities Constituted Under Wildlife (Protection) Act As per the Sec. 3 of the Act, the Central Government may appoint a Director of Wildlife Preservation, Assistant Directors of Wildlife Preservation and such other officers and employees as may be necessary. As per the Sec. 4, the State Government may, for the purpose of this Act, appoint Chief Wildlife Warden, Wildlife Warden, Honorary Wildlife Wardens and other officers and employees as may be necessary. As per Sec. 6, the State Governments and the Administrators in Union Territories shall constitute a Wildlife Advisory Board. 5. The Wildlife Advisory Board (Sec. 6) The Sec. 6 of this Act enforces and enables the state governments and the administrators of the Union Territories to constitute a Wildlife Advisory Board in each states and union territories. In WWF v. Union of India, Supreme Court directed the states which didn't t constitute the Wildlife Advisory Board, to constitute within 2 months.
1980 - The Forest (Conservation) Act and Rules, 1981, provides for the protection of and the conservation of the forests.
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Water
1882 - The Easement Act allows private rights to use a resource that is, groundwater, by viewing it as an attachment to the land. It also states that all surface water belongs to the state and is a state property. 1897 - The Indian Fisheries Act establishes two sets of penal offences whereby the government can sue any person who uses dynamite or other explosive substance in any way (whether coastal or inland) with intent to catch or destroy any fish or poisonous fish in order to kill. 1956 - The River Boards Act enables the states to enroll the central government in setting up an Advisory River Board to resolve issues in inter-state cooperation. 1970 - The Merchant Shipping Act aims to deal with waste arising from ships along the coastal areas within a specified radius. 1974 - The Water (Prevention and Control of Pollution) Act establishes an institutional structure for preventing and abating water pollution. It establishes standards for water quality and effluent. Polluting industries must seek permission to discharge waste into effluent bodies. The CPCB (Central Pollution Control Board) was constituted under this act. 1977 - The Water (Prevention and Control of Pollution) Cess Act provides for the levy and collection of cess or fees on water consuming industries and local authorities. 1978 - The Water (Prevention and Control of Pollution) Cess Rules contains the standard definitions and indicate the kind of and location of meters that every consumer of water is required to affix. 1991 - The Coastal Regulation Zone Notification puts regulations on various activities, including construction, are regulated. It gives some protection to the backwaters and estuaries.
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Air 1948 The Factories Act and Amendment in 1987 was the first to express concern for the working environment of the workers. The amendment of 1987 has sharpened its environmental focus and expanded its application to hazardous processes. 1981 - The Air (Prevention and Control of Pollution) Act provides for the control and abatement of air pollution. It entrusts the power of enforcing this act to the CPCB . 1982 - The Air (Prevention and Control of Pollution) Rules defines the procedures of the meetings of the Boards and the powers entrusted to them. 1982 - The Atomic Energy Act deals with the radioactive waste. 1987 - The Air (Prevention and Control of Pollution) Amendment Act empowers the central and state pollution control boards to meet with grave emergencies of air pollution. 1988 - The Motor Vehicles Act states that all hazardous waste is to be properly packaged, labelled, and transported. "contract carriage" means a motor vehicle which carries a passenger or passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an agreed rate or sum (a) on a time basis, whether or not with reference to any route or distance; or (b) from one point to another, and in either case, without stopping to pick up or set down passengers not included in the contract anywhere during the journey, and includes (i) a maxicab; and (ii) a motor cab notwithstanding that separate fares are charged for its passengers;
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in the manufacture of motor vehicles; or in building bodies for attachment to chassis; or in the repair of motor vehicles; or in the business of hypothecation, leasing or hire-purchase of motor vehicle; "driver" includes, in relation to a motor vehicle which is drawn by another motor vehicle, the person who acts as a steersman of the drawn vehicle; "driving licence" means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description; "educational institution bus" means an omnibus, which is owned by a college, school or other educational institution and used solely for the purpose of transporting students or staff of the educational institution in connection with any of its activities; "fares" includes sums payable for a season ticket or in respect of the hire of a contract carriage; "goods" includes live-stock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle; "goods carriage" means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods;
(a) (b) (c) (d)
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Bibliography
WEBSITS: www.legalserviceindia.com http://edugreen.teri.res.in/explore/laws.htm http://www.lawvianet.com/lawsregs.html http://www.envfor.nic.in/legis/env/env4.html BOOKS:
Environmental Law in India by P. Leelakrishnan
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REPORT ON: ENVIRONMENTAL LAWS
Name: Class: Roll NO:
Girish N.Panchal TE-EXTC 34
DEPARTMENT OF ELECTRONICS & TELECOMMUNICATION LOKMANYA TILAK COLLEGE OF ENGINEERING, NAVI MUMBAI UNIVERSITY OF MUMBAI 2009-2010
Contents
Sr No.
PAGE TITLE
PAGE no
1 2
Introduction General Laws
1986 - The Environment (Protection) Act 1989 - The objective of Hazardous Waste Rules 1989 - The Manufacture, Storage, and Import of Hazardous Rules 1991 - The Public Liability Insurance Act and Rules 1995 - The National Environmental Tribunal Act 1998 - The Biomedical waste (Management and Handling) Rules 1999 - Siting for Industrial Projects Rules 2000 - The Ozone Depleting Substances 2001 - The Batteries (Management and Handling) 2002 - The Noise Pollution 2002 - The Biological Diversity Act
3 4-12
3
Forest and wildlife Laws
1927 - The Indian Forest Act and Amendment, 1984 1972 - The Wildlife Protection Act, Rules 1973 and Amendment 1991 1980 - The Forest (Conservation) Act and Rules, 1981
13-16
4
Water
1882 - The Easement Act 1897 - The Indian Fisheries Act 1956 - The River Boards Act 1970 - The Merchant Shipping Act 1974 - The Water (Prevention and Control of Pollution) Act 1991 - The Coastal Regulation Zone Notification
17
5
Air
1948 ± The Factories Act and Amendment in 1987 1981 - The Air (Prevention and Control of Pollution) Act 1982 - The Air (Prevention and Control of Pollution) Rules 1982 - The Atomic Energy Act 1987 - The Air (Prevention and Control of Pollution) Amendment Act 1988 - The Motor Vehicles Act
18-19
6
Bibliography
20
2
Environmental Law is a body of
law, which is a system of complex and interlocking statutes, common law, treaties, conventions, regulations and policies which seek to protect the natural environment which may be affected, impacted or endangered by human activities. Other areas related to Environmental are Agricultural Law, Animal Law, Energy, Equine Law, Forestry and Fisheries, Natural Resources, and Oil and Gas Law. In the Constitution of India it is clearly stated that it is the duty of the state to protect and improve the environment and to safeguard the forests and wildlife of the country . It imposes a duty on every citizen to protect and improve the natural environment including forests, lakes, rivers, and wildlife . Reference to the environment has also been made in the Directive Principles of State Policy as well as the Fundamental Rights. 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. The constitutional provisions are backed by a number of laws acts, rules, and notifications. 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. 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. Following is a list of the environmental legislations that have come into effect: General Forest and wildlife Water Air
3
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 (i) "Standards' means standards prescribed under these rules; (j) "State Board" means a State Pollution Control Board constituted under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) or a State Pollution Control Board constituted under section 5 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981); 3. Standards for emissions or discharge of environmental pollutants (1) For the purpose of protecting and improving the quality of the environment and preventing and abating environmental pollution, the standards for emission or discharge of environmental pollutants from the industries, operations or processes shall be as specified in 2[Schedule I to IV]. (2) Notwithstanding anything contained in sub-rule (1),the Central Board or a State Board may specify more stringent standards from those provided in Schedule I to IV] in respect of any specific industry, operation or process depending upon the quality of the recipient system and after recording reasons therefore in writing. (3) The standards for emission or discharge of environmental pollutants specified under sub-rule (1) or sub-rule (2) shall be complied with by an industry, operation or process within a period of one year of being so specified. (i) Notwithstanding anything contained in sub-rules (1) and (2), on and from the 1st day of January, 1994, emission or discharge of environmental pollutants from the 6[industries, operations or processes other than those industries, operations or processes for which standards have been specified in Schedule-I] shall not exceed the relevant parameters and standards specified in schedule VI.
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Provided that the State Boards may specify more stringent standards for the relevant parameters with respect to specific industry or locations after recording reasons therefore in writing; (ii) The State Board shall while enforcing the standards specified in Schedule VI follow the guidelines specified in Annexure I and II in that Schedule]. The combined effect of emission or discharge of environmental pollutants in an area, from industries, operations, process, automobiles and domestic sources, shall not be permitted to exceed the relevant concentration in ambient air as specified against each pollutant in columns (3) to (5) of Schedule VII.] (4) Notwithstanding anything contained in sub-rule (3)(a) the Central Board or a State Board, depending on the local conditions or nature of discharge of environmental pollutants, may, by order, specify a lesser period than a period specified under sub-rule (3) within which the compliance of standards shall be made by an industry, operation or process (b) the Central Government in respect of any specific industry, operation or process, by order, may specify any period other than a period specified under sub-rule (3) within which the compliance of standards shall be made by such industry, operation or process. (5) Notwithstanding anything contained in sub-rule (3) the standards for emission or discharge of environmental pollutants specified under sub-rule (I) or sub-rule (2) in respect of an industry, operation or process before the commencement of the Environment (Protection) Amendment Rules, 1991, shall be complied by such industry, operation or process by the 31st day of December 1991. [(6) Notwithstanding anything contained in sub-rule (3), an industry, operation or process which has commenced production on or before 16th May, 1981 and has shown adequate proof of at least commencement of physical work for establishment of facilities to meet the specified standards within a time-bound programme, to the satisfaction of the concerned State Pollution Control Board, shall comply with such standards latest by the 31 st day of December, 1993.
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(7) Notwithstanding anything contained in sub-rule (3) or sub-rule (6) an industry, operation or process which has commenced production after the 16th day of May, 1981 but before the 31st day of December 1991 and has shown adequate proof of at least commencement of physical work for establishment of facilities to meet the specified standards within a time-bound programme, to the satisfaction of the concerned State Pollution Control Board, shall comply with such standards latest by the 31st day of December, 1992.] 1989 - The objective of Hazardous Waste (Management and Handling) Rules is to control the generation, collection, treatment, import, storage, and handling of hazardous waste. Responsibility of the occupier for handling of wastes 1. The occupier generating hazardous wastes listed in column(2) of the Schedule in quantities equal to or exceeding the limits given in column(3) of the said Schedule, shall take all practical steps to ensure that such wastes are properly handled and disposed of without any adverse effects which may result from such wastes and the occupier shall also be responsible for proper collection, reception, treatment, storage and disposal of these wastes either himself or through the operator of a facility. 2. The occupier or any other person acting on his behalf who intends to get his hazardous waste treated by the operator of a facility under sub-rule (1) shall give to the operator of a facility, such information as may be specified by the State Pollution Control Board. Grant of authorization for handling hazardous wastes 1. Hazardous wastes shall be collected, treated, stored and disposed of only in such facilities as may be authorised for this purpose. 2. Every occupier generating hazardous wastes and having a facility for collection, reception, treatment, transport storage and disposal of such wastes shall make an application in Form 1 to the State Pollution Control Board for the grant of authorisation for any of the above activities : Provided that the occupier not having a facility for the collection, reception, treatment, transport, storage and disposal of hazardous wastes shall make an applicaton to the State Pollution Control Board in Form 1 for the grant of
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authorisation within a period of six months from the date of commencement of these rules. 3. Any person who intends to be an operator of a facility for the collection, reception, treatment, transport, storage and disposal of hazardous wastes, shall make an application in Form 1 to the State Pollution Control Board for the grant of authorisation for any of the above activities. Provided that the operator engaged in the business of the collection, reception, treatment, transport, storage and disposal of hazardous wastes shall make an application to the State Polution control Board in Form 1 for the grant of authorisation within a period of six months from the date of commencement of these rules. . Power to suspend or cancel an authorization 1. The State Pollution Control Board may cancel an authorisation issued under these rules or suspend it for such period as it thinks fit, if in its opinion, the authorised person has failed to comply with any of the conditions of the authorisation or with any provisions of the Act or these rules, after giving the authorised person an opportunituy to show cause and after recording reasons therefor. Packaging,labelling and transport of hazardous wastes 1. Before hazardous wastes is delivered at the hazardous waste site, the occupier or operator of a facility shall ensure that the hazardous wastes is packaged in a manner suitable for storage and transport and the labelling and packaging shall be easily visible and be able to withstand physical conditions and climate factors. 2. Packaging, labelling and transport of hazardous wastes shall be in accordance with the provisions of the rules issued by the Central Government under the Motor Vehicles Act, 1988 and other guidelines issued from time to time. 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
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immediate relief to the persons affected by accident while handling any hazardous substance 1. (1) This Act may be called the Public Liability Insurance Act, 1991. (2) It shall come into force on such date as the Central Government may, b) notification, appoint. (ii) in the case of an association, any of its members; and (iii) in the case or a company, any of its directors, managers, secretaries or other officers who is directly in charge of, and is responsible to the company for the conduct of the business of the company;] (h) "prescribed" means prescribed by rules made under this Act;
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[(ha) "Relief Fund" means the Environmental Relief Fund establishment under section 7A ] (i) "rules" means rules made under this Act; (ii) "vehicle" means any mode of surface transport other than railways.
3. (1) Where death or injury to any person (other than a workman) or damage to any property has resulted from an accident, the owner shall-be liable to give such relief as is specified in Schedule for such death, injury or damage. (2) In any claim for relief under sub-section (I) (hereinafter referred to in this Act as claim for relief), the claimant shall not be required to plead and establish that the death, injury or damage in respect of which the claim has been made was due to any wrongful act, neglect or default of any person. Explanation.-For the purpose of this section,(i) "workman" has the meaning assigned to it in the Workmen s Compensation Act, 1923 (8 of 1923); (ii) "injury" includes permanent total or permanent partial disability or sickness resulting out of an accident.
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4. (1) Every owner shall take out, before he starts handling any hazardous substance, one or more insurance policies providing for contracts of insurance thereby he is insured against liability to give relief under sub-section (1) of section 3; No insurance policy taken out by an owner shall be for a amount less than the amount of the paid-up capital of the under taking handling any hazardous substance and owned or controlled by that owner and more than the amount, not exceeding fifty crore rupees, as may be prescribed. Explanation.- "Paid-up capital" in this sub-section means, in the case of an owner not being a company, the market value of all assets and stocks of the undertaking on the date of contracts of insurance. (2B) The liability of the insurer under one insurance policy shall not exceed the amount specified in the terms of the contract of insurance in that insurance policy. (2C) Every owner shall also, together with the amount of premium, pay to the insurer, for being credited to the Relief Fund established under section 7A, such further amount, not exceeding the amount of premium, as may be prescribed. (3)The Central Government may, by notification, exempt from the operation of sub-section (1) any owner, namely:(a) the Central Government; (b) any State Government, (c) any corporation owned or controlled by the Central Government or a State Government; or (d) any local authority: Provided that no such order shall be made in relation to such owner unless a fund has been established and is maintained by that owner in accordance with the rules made in this behalf for meeting any liability under subsection (I) of section 3.
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5. Whenever it comes to the notice of the Collector that an accident has occurred at any place within his jurisdiction, he shall verify the occurrence of such accident and cause publicity to be given in such manner as he deems fit for inviting applications under sub-section (1) of section 6 6. (1) An application for claim {or relief may be madea) by the person who has sustained thc injury; (b) by the owner of the property to which thc damage has been caused; (c) where death has resulted from the accident, by all or any of the legal representatives of thc deceased; or (d) by any agent duly authorised by such person or owner of such property or all or any Of the legal representatives of the deceased, as the case may be: Provided that where all thc legal representatives of the deceased have not joined in any such application for relief, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined shall be impleaded as respondents to the application. (2) The Collector shall arrange to deliver copies of the award to the parties concerned expenditiously and in any case within a period of fifteen days from the date of thc award. When an award is made under this section,(a) the insurer, who is required to pay any amount in terms of such award and to the extend specified in sub-section (2B) of section 4, shall, within a period of thirty days of the date of announcement of the award, deposit that amount in such manner as the Collector may direct; (b) the Collector shall arrange to pay from the Relief Fund, in terms of such award and in accordance with the scheme made under section 7A, to the person or persons referred to in sub-section (I) such amount in such manner as may be specified in that scheme;
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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. 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. 1999 - The Environment (Siting for Industrial Projects) Rules, 1999 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. 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.Applicability:-Apply to all municipal authorities responsible for collection, segregation, storage, transportation processing and disposal of municipal solid wastes.
Responsibility of Municipal Authority:Every municipal authority shall, within the territorial area of the municipality, be responsible for the implementation of the provisions of these rules, and for any infrastructure development for collection, storage, segregation, transportation, processing and disposal of municipal solid wastes. the municipal authority or an operator of a facility shall make an application in Form-I, for grant of authorisation for setting up waste processing and disposal facility including landfills from the State Board or the Committee in order to comply with the implementation programme laid down in Schedule-I.
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3. the municipal authority shall comply with these rules as per the implementation schedule laid down in Schedule-I. 4. The municipal authority shall furnish its annual report in Form-II. Management of Municipal Solid Wastes :- (1) Any municipal solid waste generated in a city or a town, shall be managed and handled in accordance with the compliance criteria and the procedure laid down in Schedule-II 1999 - The Environment (Siting for Industrial Projects) Rules, 1999 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, 2000 apply to every municipal authority responsible for the collection, segregation, storage, transportation, processing, and disposal of municipal solid wastes. 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. 2002 - The Noise Pollution (Regulation and Control) (Amendment) Rules lay down such terms and conditions as are necessary to reduce noise pollution, 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 arising out of the use of biological resources and knowledge associated with it
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Forest and wildlife
1927 - The Indian Forest Act and Amendment, 1984, is one of the many surviving colonial statutes. It was enacted to consolidate the law related to forest, the transit of forest produce, and the duty leviable on timber and other forest produce . 1972 - The Wildlife Protection Act, Rules 1973 and Amendment 1991 provides for the protection of birds and animals and for all matters that are connected to it whether it be their habitat or the waterhole or the forests that sustain them. The Wildlife Protection Act, 1972, provides for protection to listed species of flora and fauna and establishes a network of ecologically-important protected areas. The Act consists of 60 Sections and VI Schedules- divided into Eight Chapters. The Wildlife Protection Act, 1972 empowers the central and state governments to declare any area a wildlife sanctuary, national park or closed area. There is a blanket ban on carrying out any industrial activity inside these protected areas. It provides for authorities to administer and implement the Act; regulate the hunting of wild animals; protect specified plants, sanctuaries, national parks and closed areas; restrict trade or commerce in wild animals or animal articles; and miscellaneous matters. The Act prohibits hunting of animals except with permission of authorized officer when an animal has become dangerous to human life or property or as disabled or diseased as to be beyond recovery. The Act underwent many amendments. An amendment to the Act in 1982, introduced provisions permitting the capture and transportation of wild animals for the scientific management of animal population. An amendment in the year 1991 resulted in the insertion of the special chapters dealing with the protection of specified plants and the regulation of zoos. This also recognized the needs of tribal and forest dwellers and changes were introduced to advance their welfare. The near-total prohibition on hunting was made more effective by the Amendment Act of 1991 Widespread changes have been made by the Wildlife (Protection) Amendment Act, 2002 and a new chapter has been incorporated as Chapter VI-A to deal with
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the forfeiture of property derived from illegal hunting and trade. Further, this amendment Act also introduced the concept of co-operative management through conservation reserve management committee and community reserve committees. With this introduction now let us discuss the Wildlife (Protection) Act, 1972 in a detailed way. 1. Evolution and Development of the concept of Wildlife Protection in India India is endowed with an immense variety of natural resources in its rich animal and plant heritage. Wildlife is one of our basic and natural resources that satisfies the needs or wants of civilization. Therefore, this resource must be conserved, preserved and protected for the existence of mankind. Now let us see the chronological development of wildlife protection in India in different periods. 1.1 Wildlife Protection in Ancient India In ancient India the environmental protection was a moral duty which is imposed on people by religious scriptures, seers, and other agencies. The scriptures of Hindu religion emphasize the protection of the environment and the living creatures. Some of the animals were considered as the vehicles of gods. Matsya was considered as the go since it is the first living organism existed in earth. Cow was considered as god. Certain birds and animals were considered as the vehicle of gods. Certain trees like Banyan, Tulsi etc. were considered as the dwelling place of the gods. Kautilya, one of the great political philosophers and the author of The Arthasasthra, prohibited and prescribed penalties for the killing of animals, cutting of trees and the excess exploitation of the natural resources. The great Maurya king Ashoka banned the killing of wild animals, and later prohibited the killing of certain species of animals. In the words of St. Thukharam, animals and plants are the kin and kith of human beings. These are some specimens to show the manner in which the ancient Indians took care for the protection of wildlife. Though it was a moral duty in the beginning later the kings started to impose it as a legal duty. In ancient India, as the moral duty, the destruction of heritage and richness of environment and the biodiversity was considered as an injury and insult to Gods. And now the wildlife protection is a legal duty.
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1.2 Wildlife Protection in India during British period In the pre-constitutional period, there were a few legislations which are enacted to protect the wildlife from exploitation. The Cattle Trespass Act, 1871; The Elephants Preservation Act, 1879; some sections of Indian Penal Code, 1860; wild Birds and Animals Protection Act, 1912, The Indian Forest Act, 1927 are some preconstitutional enactments on wildlife protection. The Elephants Preservation Act prohibited killing, injuring or capturing, or any attempt at the same, unless it is in self-defense, permitted by a license, or when the elephant is found damaging house or cultivation, or immediate vicinity of public road, railway or canal. The Indian Penal Code, 1860, though it has no specific provision relating to wildlife, but it defines the term animal in Section 47 and declares maiming, killing of animals as an offence and punishable under Sections 428 and 429. The Indian Forest Act, 1927 also included certain provisions for restricting hunting in reserved and protected forests and other authorized establishments or Sanctuaries. Under this Act, hunting, shooting, fishing, poisoning water or setting traps, etc. is an offence. These are the some of the wildlife protection legislations enacted in the British period. 1.3 Wildlife Protection in India after Independence The Post- independence era witnessed a lot of changes in the policies and attitudes of the Governments with respect to environmental protection. There were many enactments to protect the Forest, Environment, Water, Air and BioDiversity. All these Acts are directly or indirectly give provisions to the protection of the wildlife. But let me specifically emphasis on Wildlife protection, since my topic is wildlife protection. The Indian Constitution gives ample provisions to protect the wildlife in its territory. Though there are many implied provisions on wildlife protection in the constitution like Art.21,Union , State and Concurrent list, the main Articles which specifically protects the wildlife are Art.48-A and Art. 51-A(g). Art. 48-A says that the state shall endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country. Art. 51A (g) imposes fundamental duty on the every citizen of India to protect and improve the environment and have compassion for living creatures.
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2. Territorial Jurisdiction of Wildlife (Protection) Act, 1972 Wildlife (Protection) Act, 1972 has been accepted and adopted by all the states except Jammu and Kashmir. This is the first comprehensive legislation relating to protection of wild life was passed by the Parliament and it was assented by the President on 9th September, 1972 and came to be known as The Wild Life (Protection) Act, 1972 (53 of 1972). 3. Definition of Wildlife The Section 2(37) of the Act defines wildlife as wildlife includes any animal, bees butterflies, crustacean, fish and moths; and aquatic or land vegetation which forms part of any habitat. So the meaning of the wildlife in this Act is very wide and inclusive of all kinds of flora and fauna. 4. Authorities Constituted Under Wildlife (Protection) Act As per the Sec. 3 of the Act, the Central Government may appoint a Director of Wildlife Preservation, Assistant Directors of Wildlife Preservation and such other officers and employees as may be necessary. As per the Sec. 4, the State Government may, for the purpose of this Act, appoint Chief Wildlife Warden, Wildlife Warden, Honorary Wildlife Wardens and other officers and employees as may be necessary. As per Sec. 6, the State Governments and the Administrators in Union Territories shall constitute a Wildlife Advisory Board. 5. The Wildlife Advisory Board (Sec. 6) The Sec. 6 of this Act enforces and enables the state governments and the administrators of the Union Territories to constitute a Wildlife Advisory Board in each states and union territories. In WWF v. Union of India, Supreme Court directed the states which didn't t constitute the Wildlife Advisory Board, to constitute within 2 months.
1980 - The Forest (Conservation) Act and Rules, 1981, provides for the protection of and the conservation of the forests.
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Water
1882 - The Easement Act allows private rights to use a resource that is, groundwater, by viewing it as an attachment to the land. It also states that all surface water belongs to the state and is a state property. 1897 - The Indian Fisheries Act establishes two sets of penal offences whereby the government can sue any person who uses dynamite or other explosive substance in any way (whether coastal or inland) with intent to catch or destroy any fish or poisonous fish in order to kill. 1956 - The River Boards Act enables the states to enroll the central government in setting up an Advisory River Board to resolve issues in inter-state cooperation. 1970 - The Merchant Shipping Act aims to deal with waste arising from ships along the coastal areas within a specified radius. 1974 - The Water (Prevention and Control of Pollution) Act establishes an institutional structure for preventing and abating water pollution. It establishes standards for water quality and effluent. Polluting industries must seek permission to discharge waste into effluent bodies. The CPCB (Central Pollution Control Board) was constituted under this act. 1977 - The Water (Prevention and Control of Pollution) Cess Act provides for the levy and collection of cess or fees on water consuming industries and local authorities. 1978 - The Water (Prevention and Control of Pollution) Cess Rules contains the standard definitions and indicate the kind of and location of meters that every consumer of water is required to affix. 1991 - The Coastal Regulation Zone Notification puts regulations on various activities, including construction, are regulated. It gives some protection to the backwaters and estuaries.
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Air 1948 The Factories Act and Amendment in 1987 was the first to express concern for the working environment of the workers. The amendment of 1987 has sharpened its environmental focus and expanded its application to hazardous processes. 1981 - The Air (Prevention and Control of Pollution) Act provides for the control and abatement of air pollution. It entrusts the power of enforcing this act to the CPCB . 1982 - The Air (Prevention and Control of Pollution) Rules defines the procedures of the meetings of the Boards and the powers entrusted to them. 1982 - The Atomic Energy Act deals with the radioactive waste. 1987 - The Air (Prevention and Control of Pollution) Amendment Act empowers the central and state pollution control boards to meet with grave emergencies of air pollution. 1988 - The Motor Vehicles Act states that all hazardous waste is to be properly packaged, labelled, and transported. "contract carriage" means a motor vehicle which carries a passenger or passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an agreed rate or sum (a) on a time basis, whether or not with reference to any route or distance; or (b) from one point to another, and in either case, without stopping to pick up or set down passengers not included in the contract anywhere during the journey, and includes (i) a maxicab; and (ii) a motor cab notwithstanding that separate fares are charged for its passengers;
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in the manufacture of motor vehicles; or in building bodies for attachment to chassis; or in the repair of motor vehicles; or in the business of hypothecation, leasing or hire-purchase of motor vehicle; "driver" includes, in relation to a motor vehicle which is drawn by another motor vehicle, the person who acts as a steersman of the drawn vehicle; "driving licence" means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description; "educational institution bus" means an omnibus, which is owned by a college, school or other educational institution and used solely for the purpose of transporting students or staff of the educational institution in connection with any of its activities; "fares" includes sums payable for a season ticket or in respect of the hire of a contract carriage; "goods" includes live-stock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle; "goods carriage" means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods;
(a) (b) (c) (d)
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Bibliography
WEBSITS: www.legalserviceindia.com http://edugreen.teri.res.in/explore/laws.htm http://www.lawvianet.com/lawsregs.html http://www.envfor.nic.in/legis/env/env4.html BOOKS:
Environmental Law in India by P. Leelakrishnan
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