Enforcement of important Environmental Laws
Backgrounder
A number of environmental and forestry and wildlife related statutes have been enacted from time to time to address the challenges of environment, forests and wildlife management .The Environment (Protection) Act, 1986 is an umbrella legislation under which various rules and notifications have been framed and issued to take care of the different dimensions of environment challenges. The review of the statutes and rules is undertaken by this Ministry in consultation with various stakeholders from time to time depending on the experience gained in the course of their implementation. The coming National Conference of Ministers of Environment and Forests will review the enforcement of the environmental laws. There are main nine important Environmental Acts.
These statutes and rules are being enforced through the Central Government, State Government, Central and State Pollution Control Boards, National Biodiversity Authority and State Biodiversity Boards.
The Water (Prevention and Control of Pollution) Act, 1974 represented India’s first attempts to comprehensively deal with water pollution issues and creation of institutional set in the country. The Act prohibits the discharge of pollutants into water bodies beyond a given standard, and lays down penalties for non-compliance. The Act was amended in 1988 to confirm closely to the provisions of the EPA, 1986. It set up the Central Pollution Control board(CPCB) , which lays down standards for the prevention and control of water pollution. At the state level, the State Pollution Control Board function under the direction of the CPCB and the State government.
The Water (Prevention and Control of Polltion) Cess Act, 1997 provides for a levy and collection of a cess on water consumed by industries and local authorities. It aims at augmenting the resources of central and state boards for prevention and control of water pollution. Following this Act, the Water (Prevention and Control of Pollution ) Cess Rules were formulated in 1978 for defining standards and indications for all kind of and location of meters that every consumer of water is required to install.
The Air ( Prevention and Control of Pollution) Act,1981 seeks to combat air pollution by prohibiting the use of polluting fuels and substances, as well as by regulating appliances that gives rise to air pollution. Under the Act, establishing or operating of any industrial plant in the pollution control area requires consent from state boards. The boards test the air in air pollution control areas, inspect pollution control equipment, and manufacturing processes. The board has power to cancel consent on non-fulfillment of the conditions.
The Environment (Protection) Act,1986 is an umbrella legislation designed to provide a framework for the co-ordination of central and state authorities established under the water (Prevention and Control) Act,1974 and Air (Prevention and Control ) Act,1981. Under this Act, the Central government is empowered to take measures necessary to protect and improve the quality of the environment by setting standards for emissions and discharges; regulating the location of industries; management of hazardous wastes, and protection of public health and welfare. Notifications under the EPA for the protection of ecologically sensitive areas or guidelines are issued time to time.
The Public Liability Insurance Act (PLIA), 1991 covers accidents involving hazardous substances and insurances where death or injury results from an accident. The Act makes owner liable to provide relief as specified in the Schedule of the Act. The PLIA was amended in 1992, and the Central Government was authorized to establish the Environment Relief Fund, for making relief payments.
The National Appellate Authority Act,1997 provided for the establishment of a National Environment Appellate Authority to hear appeals with respect to restriction of areas in which any industry operation or process or class of industries, operations or processes could not carry out or would be allowed to carry out subject to certain safeguards under the Environment (Protection) Act,1986.
The Biological diversity Act, 2002 was enacted under the United Nations Convention on Biological Diversity. It is 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 sued of biological resources, knowledge and for matters connected therewith or incidental thereto.”
The Wildlife (Protection) Act (WPA),1972 provides protection to listed flora and fauna and establishes a network of ecologically important protected areas. It empowers the central and state governments to declare any area a wildlife sanctuary, national park or closed area. The Act prohibits hunting of animals except with permission of authorized officer when animal has become dangerous to human life or property or so disabled or diseased as to be beyond recovery.
The forest (Conservation) Act,1980was adopted to protect and conserve forests. The Act restricts the power of the state in respect of de-reservation of forests and use of forestland for non-forest purposes.
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(Release ID :51884)