25920323 Environmental Laws

ENVIRONMENTAL LENVIRONMENTAL LAWAW

Ms. PARUL GUPTAMs. PARUL GUPTA 11

Environmental lawsEnvironmental laws



CONSTITUTIONAL PROVISIONS FOR CONSTITUTIONAL PROVISIONS FOR ENVIRONMENT PROTECTION IN INDIAENVIRONMENT PROTECTION IN INDIA

In the Constitution of India it is clearly stated that it is the In the Constitution of India it is clearly stated that it is the duty of the state to ‘protect and improve the environment duty of the state to ‘protect and improve the environment and to safeguard the forests and wildlife of the country’. and to safeguard the forests and wildlife of the country’. It imposes a duty on every citizen ‘to protect and It imposes a duty on every citizen ‘to protect and improve the natural environment including forests, improve the natural environment including forests, lakes, rivers, and wildlife’.lakes, rivers, and wildlife’.

Reference to the environment has also been made in the Reference to the environment has also been made in the Directive Principles of State Policy as well as the Directive Principles of State Policy as well as the Fundamental RightsFundamental Rights. .

The Department of Environment was established in The Department of Environment was established in India in 1980India in 1980 to ensure a healthy environment for the to ensure a healthy environment for the country. This later became the Ministry of Environment country. This later became the Ministry of Environment and Forests in 1985. and Forests in 1985.



SAFE ENVIRONMENT – A SAFE ENVIRONMENT – A FUNDAMENTAL DUTYFUNDAMENTAL DUTY

In the Indian Constitution, the following provisions are given In the Indian Constitution, the following provisions are given under the Directive Principles of State Policy (Art. 48-A) under the Directive Principles of State Policy (Art. 48-A) and the Fundamental Duties (Art. 51A (g)).and the Fundamental Duties (Art. 51A (g)).

Art. 48-A ;Protection and improvement of environment Art. 48-A ;Protection and improvement of environment and safeguarding of forests and wild lifeand safeguarding of forests and wild life :- The State :- The State shall Endeavour to protect and improve the environment shall Endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.and to safeguard the forests and wild life of the country.

Art. 51A (g)Art. 51A (g) :- It shall be the duty of every citizen of India :- It shall be the duty of every citizen of India to protect and improve the natural environment including to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have forests, lakes, rivers and wild life, and to have compassion for living creaturescompassion for living creatures..



SAFE ENVIRONMENT – A SAFE ENVIRONMENT – A FUNDAMENTAL RIGHTFUNDAMENTAL RIGHT

The High Courts and Supreme Court of India have read the The High Courts and Supreme Court of India have read the right to wholesome environment as part of the right to life right to wholesome environment as part of the right to life guaranteed in Art. 21 of the Constitution of India. guaranteed in Art. 21 of the Constitution of India.

Art. 21 :- Art. 21 :- "No person shall be deprived of his life or "No person shall be deprived of his life or personal liberty except according to procedure personal liberty except according to procedure established by law. “established by law. “

The slow poisoning by the polluted atmosphere caused by The slow poisoning by the polluted atmosphere caused by environmental pollution amounts to violation of Article 21 environmental pollution amounts to violation of Article 21 of the Constitution, In fact, the right to life guaranteed by of the Constitution, In fact, the right to life guaranteed by Art. 21 of the Constitution embraces the protection and Art. 21 of the Constitution embraces the protection and preservation of without which life cannot be enjoyed preservation of without which life cannot be enjoyed



The Indian Constitution - a federal constitution

. One of the essential characteristics of a federal constitution is the division of powers, amongst the Federal and the State Government and both are independent in their own spheres.

Under Schedule VII of the Indian Constitution there arc three lists viz List I (Union List). List II(State List) and List III (Concurrent List).

For the matter-, enumerated in List I the Parliament has exclusive power to make laws. for List I the State legislatures are competent to make laws and for List Ill, both the Parliament and the Slate legislatures can make laws.



IntroductionIntroduction While industrial licensing has been abolished While industrial licensing has been abolished for for

all practical all practical purposes , environmental purposes , environmental clearance from various government clearance from various government authorities authorities hhas now taken the centre stage.as now taken the centre stage.

Central Ministry of EnviCentral Ministry of Environmentronment Object:- Object:- Coordination among the states and the Coordination among the states and the

various various ministries , the and pollution measures ministries , the and pollution measures and environmental protectionand environmental protection



LeLegislations pasgislations passsed in this regarded in this regard1.1. The Environment (Protection) Act, 1986The Environment (Protection) Act, 19862.2. Water (Prevention and control of pollution) Act, Water (Prevention and control of pollution) Act,

197419743.3. Air (prevention Air (prevention and control of pollution) Actand control of pollution) Act4.4. The Forest Conservation Act, The Forest Conservation Act, 19811981

Environmental clearanceEnvironmental clearance is compulsory is compulsory for for every every new project concerning both new project concerning both the the central central ministry and forest and the corresponding state ministry and forest and the corresponding state govt. departmentsgovt. departments



Central Pollution control Board (CPCB)Central Pollution control Board (CPCB)

Issues to be discussed under are,Issues to be discussed under are,1.1. Violation of standardsViolation of standards of of water and air pollutionwater and air pollution2.2. Show cause Show cause notice notice issued to the industrial unitsissued to the industrial units3.3. Installation of Installation of necessary anti pollution equipmentsnecessary anti pollution equipments4.4. To To keep keep level of pollution under controllevel of pollution under control5.5. Direction of Direction of alternative arrangements for discharge alternative arrangements for discharge

of effluents of effluents in case in case of high of high degree degree of water of water pollution pollution by the chemical factoriesby the chemical factories



Industrial Pollution ComplaintsIndustrial Pollution Complaints

Development of Environmental standards Development of Environmental standards The The ministry ministry lays down genera! as well as specific lays down genera! as well as specific

standardsstandards(i) (i) Emission standards for Emission standards for generators setsgenerators sets (up (up to .19 to .19

kilowatt) kilowatt) run on petrol run on petrol and kerosene with and kerosene with implementation implementation scheduleschedule

(ii) (ii) SStandards for tandards for Coal Coal minemine including code of practiceincluding code of practice(iii) Standards (iii) Standards relating relating to to textile industrytextile industry and and primary primary

water water quality quality criteria criteria for for bathing water bathing water also being also being finalizedfinalized

(iv) Standards (iv) Standards for for the the categories categories of industriesof industries notified notified under The Environment Protection Act, under The Environment Protection Act, 19861986



POWER OF CENTRAL GOVERNMENT TQ TAKE POWER OF CENTRAL GOVERNMENT TQ TAKE MEASURES TO PROTECT AND IMPROVE MEASURES TO PROTECT AND IMPROVE

ENVIRONMENTENVIRONMENT The Central Government, shall have the power to take The Central Government, shall have the power to take

all such measures as it deems necessary or expedient all such measures as it deems necessary or expedient for for the purpose of protecting andthe purpose of protecting and improving the improving the quality of the environment and quality of the environment and preventing preventing controlling and abating environmental pollution.controlling and abating environmental pollution.

Such measures may include measures with respect Such measures may include measures with respect to to all or any of the following matters,all or any of the following matters,namely:namely:

i. i. co-ordination of actionsco-ordination of actions by the State Governments, by the State Governments, officers and other authorities-officers and other authorities-1.1. Under this Act, Under this Act, or the or the rules made there under , orrules made there under , or2.2. under any other law for the time being in force which is relatable under any other law for the time being in force which is relatable

to the objects of this Act;to the objects of this Act;



ii.ii. planning and execution of planning and execution of a nation-wide programmea nation-wide programme for the for the prevention, control and abatement of environmental pollution;prevention, control and abatement of environmental pollution;

iii. iii. for the for the quality of environment in itsquality of environment in its various aspects; various aspects;iv iv laying down standards for emission or discharge oflaying down standards for emission or discharge ofenvironmental pollutants environmental pollutants from various sources whatsoeverfrom various sources whatsoever::Provided that different standards for emission or discharge may Provided that different standards for emission or discharge may

be laid down under this clause from different sources having be laid down under this clause from different sources having regard to the quality or composition of the emission or regard to the quality or composition of the emission or discharge of environmental pollutants from such sources;discharge of environmental pollutants from such sources;

v. v. restriction Of areasrestriction Of areas in which any industries, operations or in which any industries, operations or processes or class of industries, operations or processes processes or class of industries, operations or processes shall not be carried out or shall not be carried out or shall shall be cameo out subject to be cameo out subject to certain safeguards;certain safeguards;



vi.vi. laying down procedures and safeguards laying down procedures and safeguards for the prevention of for the prevention of accidentsaccidents which may cause environmental pollution and which may cause environmental pollution and remedial measures for such accidents;remedial measures for such accidents;

vii.vii. laying down procedures arid safeguards for the laying down procedures arid safeguards for the handling handling Of Of hazardous hazardous substances,substances,

viii.viii. examination examination of such of such manufacturing processesmanufacturing processes, materials and , materials and substancessubstances as are likely to cause environmental pollution; as are likely to cause environmental pollution;

ix.ix. carrying out and carrying out and Sponsoring investigations Sponsoring investigations and researchand research relating to problems of environmental pollution;relating to problems of environmental pollution;

x. x. inspection inspection of of any premises, plant, equipment, machinery, any premises, plant, equipment, machinery, manufacturing or other processesmanufacturing or other processes, materials or substances , materials or substances and givingand giving, by order, of such directions to such authorises, , by order, of such directions to such authorises, officers or persons as it may consider necessary to take steps officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental for the prevention, control and abatement of environmental pollution;pollution;



xi. xi. establishment or recognition of establishment or recognition of environmental environmental laboratorieslaboratories and institutes and institutes to carry out the to carry out the functions entrusted to such environmental functions entrusted to such environmental laboratories and institutes under this Act;laboratories and institutes under this Act;

xii. xii. collection and dissemination of informationcollection and dissemination of information in respect of matters relating to environmental in respect of matters relating to environmental pollution;pollution;

xiii. xiii. preparation of manuals, codes or guidespreparation of manuals, codes or guides relating to the prevention, control and abatement relating to the prevention, control and abatement of environment pollution;of environment pollution;

xiv. xiv. such other such other mattersmatters as the Central as the Central Government deems necessaryGovernment deems necessary or or expedient for expedient for the purpose of securing the effective the purpose of securing the effective implementation of the provisions of this Act.implementation of the provisions of this Act.



PROCEDURE FOR SEEKING ENVIRONMENT PROCEDURE FOR SEEKING ENVIRONMENT CLEARANCE FOR PROJECTSCLEARANCE FOR PROJECTS

Any person who desires to undertake Any person who desires to undertake any any projecproject in any t in any part of India or part of India or expansion or modernization of any expansion or modernization of any existing industryexisting industry or project listed in Schedule I and II or project listed in Schedule I and II shall submit an shall submit an application to the Secretary, Ministry of application to the Secretary, Ministry of Environment and Forces Environment and Forces New DelhiNew Delhi, , where where environmental clearance environmental clearance is required from the Central is required from the Central Government. Where it is required from the State Government. Where it is required from the State Government then the application is to be made to the Government then the application is to be made to the Environment Secretary of the concerned State Environment Secretary of the concerned State Government.Government.

The application is to be The application is to be accompanied by a detailed accompanied by a detailed project reportproject report which include an environmental impact which include an environmental impact report and an environment management plan.report and an environment management plan.



In case of the following In case of the following site-specific projects:site-specific projects:1.1. miningmining2.2. pit-head thermal power stationspit-head thermal power stations3.3. hydro-electric power projects andhydro-electric power projects and4.4. multi-purpose river valley projects,multi-purpose river valley projects,a preliminary site clearancea preliminary site clearance will be required from will be required from the Central the Central

GovernmentGovernment

The Ministry of Environment and Forests before initiating The Ministry of Environment and Forests before initiating any investigations involving any investigations involving cutting trees, drilling, cutting trees, drilling, digging or constructiondigging or construction. The said . The said site clearancesite clearance will be will be granted for the sanctioned capacitygranted for the sanctioned capacity



The detailed project The detailed project report report submitted with the application submitted with the application Shall Shall be assessed by the impact assessment agencybe assessed by the impact assessment agency of the of the centralcentral government in consultation government in consultation with with a a committee of committee of expertsexperts The said committee has the full right of entry and The said committee has the full right of entry and inspection of the site at any time.inspection of the site at any time.

The impact agency wilt prepare The impact agency wilt prepare a a set of recommendations set of recommendations based on based on technical assessment of documents and data technical assessment of documents and data furnished by thefurnished by the project authoritiesproject authorities subject to which subject to which environmental clearance will be given. The assessment shall be environmental clearance will be given. The assessment shall be completed completed within 3 monthswithin 3 months on receipt of the requisite data and on receipt of the requisite data and documents.documents.

In order to enable the Impact Assessment Agency concerned to In order to enable the Impact Assessment Agency concerned to monitor the effective monitor the effective implementation of the recommendations implementation of the recommendations and conditions subject and conditions subject to which environmental clearance has to which environmental clearance has been given, been given, the project authorities concerned shall submit a the project authorities concerned shall submit a half yearly report to the concerned agencyhalf yearly report to the concerned agency



PREVENTION CONTROL AND PREVENTION CONTROL AND ABATEMENT OF ENVIRONMENTAL ABATEMENT OF ENVIRONMENTAL

POLLUTIONPOLLUTION No person carrying on any industry, operation or No person carrying on any industry, operation or

process shall process shall discharge or emit or permit to be discharge or emit or permit to be discharged or emitted any environmentaldischarged or emitted any environmentalpollutant in excesspollutant in excess of such standards as may be of such standards as may be prescribed.prescribed.

No person shall No person shall handle or cause to be handled handle or cause to be handled any hazardous substanceany hazardous substance exceptexceptin accordance with such procedure and after in accordance with such procedure and after complying with such safe guards as may becomplying with such safe guards as may beprescribed.prescribed.



Where Where the discharge of any environmental pollutant the discharge of any environmental pollutant in excess of thein excess of the prescribed standards prescribed standards occursoccurs or is or is apprehended to occur due to any accidentapprehended to occur due to any accident or other or other unforeseen act or event, unforeseen act or event, the & person responsible the & person responsible for for such discharge and the person in charge of the place at such discharge and the person in charge of the place at which the discharge occurs shall be bound to prevent or which the discharge occurs shall be bound to prevent or mitigate the environmental pollution and shall alsomitigate the environmental pollution and shall also

intimate the fact of such occurrence or intimate the fact of such occurrence or apprehension of such occurrenceapprehension of such occurrence; and be bound, if ; and be bound, if called upon, to render all assistance.called upon, to render all assistance.



On receipt of such information, On receipt of such information, the the authorities or agencies shall cause authorities or agencies shall cause suchsuch remedial measuresremedial measures to be taken as to be taken as are necessary to prevent or mitigate the are necessary to prevent or mitigate the environmental pollution.environmental pollution.

The expenses incurred The expenses incurred by any authority by any authority or agency may be or agency may be recoveredrecovered from the from the personperson concerned as arrears of land concerned as arrears of land revenue or of public demand.revenue or of public demand.



Recognition of Environmental Recognition of Environmental Laboratories under The Env. Pro. Laboratories under The Env. Pro.

Act,Act, Under Under section 12 and 13 section 12 and 13 of of EPA the EPA the

ministry recognizes environmental ministry recognizes environmental laboratories and the govt analysis working laboratories and the govt analysis working in the labs to carry out the in the labs to carry out the functions functions entrusted entrusted to them under the actto them under the act

Ministry also participates Ministry also participates with CPCB with CPCB and and state pollution control board and pollution state pollution control board and pollution control committees in joint inspection of control committees in joint inspection of Environmental LabsEnvironmental Labs



Environment StatementEnvironment Statement

A gazette Notification on environment audit A gazette Notification on environment audit issued by ministry in 1992 under the issued by ministry in 1992 under the Environment Environment (Protection) Act has made it (Protection) Act has made it mandatory mandatory for for all the industrial units to all the industrial units to submit an submit an Environmental Environmental Statement to Statement to the concerned state the concerned state pollution pollution control control boards as a part boards as a part of Environmental of Environmental AuditAudit



PENALTIES FOR PENALTIES FOR CONTRAVENTIONCONTRAVENTION

Whoever fails to comply with or contravenes any of the Whoever fails to comply with or contravenes any of the provisions, provisions, rules, orders of directions of this Act shall be rules, orders of directions of this Act shall be punishable with punishable with imprisonment for a term which may imprisonment for a term which may extend to extend to five years or with fine which may extend to one five years or with fine which may extend to one lakh rupees, or with bothlakh rupees, or with both, , in case in case the failure or the failure or contravention continues, contravention continues, with with additional fine which may additional fine which may extend to five thousand rupees for every day during extend to five thousand rupees for every day during which such failure or contravention continueswhich such failure or contravention continues..

If the failure or If the failure or contravention continues beyond a period contravention continues beyond a period of of one year after the date of conviction, one year after the date of conviction, the offender shall the offender shall be punishable with be punishable with imprisonment for a term which, imprisonment for a term which, extend to seven years.extend to seven years.



OFFENCES BY COMPANIESOFFENCES BY COMPANIES Where any offence is committed by a company, Where any offence is committed by a company, every every

person who, at the time the offence was committed, was person who, at the time the offence was committed, was directly in charge of, and was responsible to, the directly in charge of, and was responsible to, the companycompany for for the conduct of the businessthe conduct of the business of the of the company shall be company shall be deemed deemed to be guilty of the offence.to be guilty of the offence.

If he proves that the offence was committed If he proves that the offence was committed without his without his knowledge knowledge or that he exercised due diligence to prevent or that he exercised due diligence to prevent the commissionthe commission of such offence he shall not be liable to of such offence he shall not be liable to any punishment Where any punishment Where the the offence has been committed offence has been committed

with the consent or connivance of or is with the consent or connivance of or is attributable to attributable to any neglect on part of, any director, any neglect on part of, any director, manager, manager, secretary secretary or or other other officer of the companyofficer of the company, such person shall be , such person shall be deemed to be guilty of the offencedeemed to be guilty of the offence



COGNIZANCE OF OFFENCES & BAR COGNIZANCE OF OFFENCES & BAR Of JURISDICTION OF Civil-COURTSOf JURISDICTION OF Civil-COURTS

No court shall take cognizance of any offence under this No court shall take cognizance of any offence under this Act Act except on except on a a complaint complaint may may byby

(a) the (a) the central Government or any authority or officer central Government or any authority or officer authorisedauthorised in in this behalf by that Government; this behalf by that Government; oror

(b) (b) any person any person who has given who has given notice notice of not of not leless ss that two that two days, days, of the alleged offence and his intention to make a of the alleged offence and his intention to make a complaintcomplaint, to the Central Government or the authority or , to the Central Government or the authority or officer authorised.officer authorised.

No civil court shall have jurisdictionNo civil court shall have jurisdiction to entertain any to entertain any suit or proceeding in respect of anything done, action suit or proceeding in respect of anything done, action taken or order or direction taken or order or direction issued issued by the Central by the Central Government or any other authority or officer in Government or any other authority or officer in pursuance of the Actpursuance of the Act



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25920323 Environmental Laws