Environment and Sustainable Development Module 5 PDF

Environment and Sustainable Development Module 5 Environmental Policies and Legislation: The need for protection and conservation of environment and sustainable use of natural resources is reflected in the constitutional framework of India and also in the internat...

Environment and Sustainable Development Module 5 Environmental Policies and Legislation: The need for protection and conservation of environment and sustainable use of natural resources is reflected in the constitutional framework of India and also in the international commitments of India. The Constitution under Part IVA (Art 51A-Fundamental Duties) casts a duty on every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures. Further, the Constitution of India under Part IV (Art 48A- Directive Principles of State Policies) stipulates that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. Several environment protection legislations existed even before Independence of India. However, the true thrust for putting in force a well-developed framework came only after the UN Conference on the Human Environment (Stockholm, 1972). After the Stockholm Conference, the National Council for Environmental Policy and Planning was set up in 1972 within the Department of Science and Technology to establish a regulatory body to look after the environment-related issues. This Council later evolved into a full-fledged Ministry of Environment and Forests (MoEF). 1  MoEF was established in 1985, which today is the apex administrative body in the country for regulating and ensuring environmental protection and lays down the legal and regulatory framework for the same. Since the 1970s, a number of environment legislations have been put in place. The MoEF and the pollution control boards (“CPCB”, ie, Central Pollution Control Board and “SPCBs”, ie, State Pollution Control Boards) together form the regulatory and administrative core of the sector. Some of the important legislations for environment protection are as follows:  The National Green Tribunal Act, 2010  The Air (Prevention and Control of Pollution) Act, 1981  The Water (Prevention and Control of Pollution) Act, 1974  The Environment Protection Act, 1986  The Hazardous Waste Management Regulations, etc. Environmental Regulations: The regulation of human interactions with the environment has taken shape in various political institutions, policies, and market mechanisms that have evolved over time according to changes in social, cultural, and technological conditions. Forms of environmental regulation differ among nations and continue to emerge on the international level as industrialization and globalization create transboundary issues. 2  From the liberal or socialist perspective, in which the state is understood as a legitimate extension of the community, environmental regulation is regarded as a state activity representing effective public administration. But the conservative or libertarian perspective, in which the state should intervene as little as possible in the lives of its citizens, holds that market mechanisms or private agencies can provide environmental benefits more effectively. The complexity of environmental regulatory efforts also arises from questions about the proper role of scientific knowledge and various mechanisms for handling scientific uncertainty. Environmental regulation is a complex interdisciplinary effort involving ethical principles, political interests, scientific knowledge, and technological capacities. This broad scope of considerations ensures that several worldviews, with their attendant values and recommendations, will interact in regulatory efforts. Environmental Protection Act: Environment Protection Act, 1986 Act of the Parliament of India. In the wake of the Bhopal gas Tragedy or Bhopal Disaster, the [Government of India] enacted the Environment Protection Act of 1986 under Article 253 of the Constitution. Passed in May 1986, it came into force on 19 November 1986. It has 26 sections and 4 chapters. The purpose of the Act is to implement the decisions of the United Nations Conference on the Human Environment. They relate to the protection and improvement of the human environment and the prevention of hazards to human beings, other living creatures, plants and property. 3  The Act is an “umbrella” legislation designed to provide a framework for central government coordination of the activities of various central and state authorities established under previous laws, such as the Water Act and the Air Act. The Environment (Protection) Act (EPA) was enacted in 1986 with the objective of providing the protection and improvement of the environment: 1. It empowers the Central Government to establish authorities charged with the mandate of preventing environmental pollution in all its forms and to tackle specific environmental problems that are peculiar to different parts of the country. 2. The Act is one of the most comprehensive legislations with a pretext to protection and improvement of the environment. Environmental Ethics: Environmental ethics is a branch of ethics that studies the relation of human beings and the environment and how ethics play a role in this. Environmental ethics believe that humans are a part of Society as well as other living creatures, which includes plants and animals. These items are a very important part of the world and are considered to be a functional part of human life. Therefore, it is essential that every human being respected and honour this and use morals and ethics when dealing with these creatures. Environmental ethics is a branch of applied philosophy that studies the conceptual Foundations of environmental values as well as more concrete issues surrounding societal attitudes, 4  Actions, and policies to protect and sustain biodiversity and ecological systems. As we will see, there are Many different environmental ethics one could hold, running the gamut from human-cantered (or “anthropocentric”) views to more nature- cantered (or “non-anthropocentric”) perspectives. Non - Anthropocentricism argue for the promotion of nature’s intrinsic, rather than instrumental or use value to Humans. For some ethicists and scientists, this attitude of respecting species and ecosystems for their own sakes is a consequence of embracing an ecological worldview; it flows out of an understanding of the structure and function of ecological and evolutionary systems and processes. we will consider how newer scientific fields devoted to environmental protection such as conservation biology and sustainability science are thus often described as “normative” sciences that carry a commitment to the protection of species and ecosystems; again, either because of their intrinsic value or for their contribution to human wellbeing over the long run. Environmental Impact Assessment (EIA): Environmental Impact Assessment (EIA) is a process of evaluating the likely environmental impacts of a proposed project or development, taking into account inter-related socio-economic, cultural and human-health impacts, both beneficial and adverse. UNEP defines Environmental Impact Assessment (EIA) as a tool used to identify the environmental, social and economic impacts of a project prior to decision-making. 5  It aims to predict environmental impacts at an early stage in project planning and design, find ways and means to reduce adverse impacts, shape projects to suit the local environment and present the predictions and options to decision-makers. By using EIA both environmental and economic benefits can be achieved, such as reduced cost and time of project implementation and design, avoided treatment/clean-up costs and impacts of laws and regulations. The main EIA techniques used in scoping are baseline studies, checklists, matrices and network diagrams. These techniques collect and present knowledge and information in a straightforward way so that logical decisions can be made about which impacts are most significant. Appraisal and Clearance for Industry: The environmental clearance process is required for 39 types of projects and covers aspects like screening, scoping and evaluation of the upcoming project. The main purpose is to assess impact of the planned project on the environment and people and to try to abate/minimise the same. Industrial projects located in any of the following notified ecologically fragile/sensitive areas would require environmental clearance irrespective of the type of project:  Religious and historic places  Archaeological monuments  Scenic areas  Hill resorts  Beach resorts 6   Coastal areas rich in mangroves, corals, breeding grounds of specific species  Estuaries  Gulf areas  Biosphere reserves  National parks and sanctuaries  National lakes and swamps  Seismic zones  Tribal settlements  Areas of scientific and geological interest  Defence installations, especially those of security importance and sensitive to pollution  Border areas (international)  Airports Environmental Audits: An environmental audit is a type of evaluation intended to identify environmental compliance and management system implementation gaps, along with related corrective actions. In this way they perform an analogous (similar) function to financial audits. There are generally two different types of environmental audits: compliance audits and management systems audits. The Supreme Audit Institution (SAI) in India is headed by the Comptroller and Auditor General (CAG) of India who is a constitutional authority. The CAG of India derives his mandate from Articles 148 to 151 of the Indian Constitution. The CAG’s (Duties, Powers and Conditions of Service) Act, 1971 prescribes functions, duties and powers of the CAG. 7  While fulfilling his constitutional obligations, the CAG examines various aspects of government expenditure and revenues. The audit conducted by CAG is broadly classified into Financial, Compliance and Performance Audit. Environmental audit by SAI India is conducted within the broad framework of compliance and performance audit. The environmental audit process includes the following steps as a minimum:  Planning the audit, including activities to be conducted and responsibilities for each activity;  Review the company’s environmental protection policy and the applicable requirements, federal, state, and local requirements;  Assessment of the organization, its management, and equipment;  Gather data and relevant information;  Evaluate overall performance;  Identify areas needing improvement;  Report findings to management. ****** 8