Environment Legislation in India PDF

Unit 6 Global Environmental Issues and Policies Topic- Environment Legislation in India THE WILDLIFE PROTECTION ACT This Act passed in 1972, deals with the declaration of National Parks and Wildlife Sanctuaries and their notification. It establishes the structure of the State’s wildlife ma...

Unit 6 Global Environmental Issues and Policies Topic- Environment Legislation in India THE WILDLIFE PROTECTION ACT This Act passed in 1972, deals with the declaration of National Parks and Wildlife Sanctuaries and their notification. It establishes the structure of the State’s wildlife management and the posts designated for Wildlife Management. It provides for setting up Wildlife Advisory Boards. It prohibits hunting of all animals specified in Schedules I to IV of the Act. These are notified in order of their endangeredness. Plants that are protected are included in schedule VI. The Amendment to the Wildlife Protection Act in 2002 is more stringent and prevents the commercial use of resources by local people. It has brought in new concepts such as the creation of Community Reserves. It has also altered several definitions. For instance in animals, fish are now included. Forest produce has been redefined to ensure protection of ecosystems. While there are several changes, the new Act still has serious issues concerned with its implementation. Laws are only as good as the ones that can be complied with. The Act is expected to deter people from breaking the law. However, there are serious problems due to poaching. One cannot expect to use the Act to reduce this without increasing Forest Staff, providing weapons, jeeps, radio equipment, etc. for establishing a strong deterrent force. Penalties: A person who breaks any of the conditions of any license or permit granted under this Act shall be guilty of an offence against this Act. The offence is punishable with imprisonment for a term which may extend to three years or with a fine of Rs 25,000 or with both.  An offence committed in relation to any animal specified in Schedule I, or Part II of Schedule II, like the use of meat of any such animal, or animal articles like a trophy, shall be punishable with imprisonment for a term not less than one year and may extend to six years and a fine of Rs 25,000. In the case of a second or subsequent offence of the same nature mentioned in this sub-section, the term of imprisonment may extend to six years and not less than two years with a penalty of Rs.10,000. THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT The Government has formulated this Act in 1974 to be able to prevent pollution of water by industrial, agricultural and household wastewater that can contaminate our water sources. Wastewater with high levels of pollutants that enter wetlands, rivers, lakes, wells as well as the sea are serious health hazards. Controlling the point sources by monitoring levels of different pollutants is one way to prevent pollution by giving a punishment to a polluter. The main objectives of the Water Act are to provide for prevention, control and abatement of water pollution and the maintenance or restoration of the wholesomeness of water. It is designed to assess pollution levels and punish polluters. The Central Government and State Governments have set up Pollution Control Boards that monitor water pollution. Functions of the Pollution Control Boards: The Government has given the necessary powers to the PCBs to deal with the problems of water pollution in the country. The Government has also suggested penalties for violation of the provisions of the Act.  Central and State water testing laboratories have been set up to enable the Boards to assess the extent of water pollution and standards have been laid down to establish guilt and default. Central Board: It has the power to advise the Central Government on any matters concerning the prevention and control of water pollution. The Board coordinates the activities of the State Boards and also resolves disputes. The Central Board can provide technical assistance and guidelines to State Boards to carry out investigations and research relating to water pollution, and organizes training for people involved in the process. State Boards: They have the power to advise the State Government on any matters concerning water pollution. It plans a comprehensive program for the prevention of water pollution. It collects and disseminates information on water pollution and participates in research in collaboration with the Central Board in organizing training of people involved in the process. The Board inspects sewage or trade effluents, treatment plants, purification plants and the systems of disposal and also evolves economical and reliable methods of treatment of sewage and other effluents. It plans the utilization of sewage water for agriculture. It ensures that if effluents are to be discharged on land the waste is diluted.  The State Board advises State Governments with respect to location of industries. Laboratories have been established to enable the Board to perform its functions. The Board also has the power of inspecting any plant record, register, document or any material object, and can conduct a search in any place in which there is reason to believe that an offence has been conducted under the Act. Penalties are charged for acts that have caused pollution. This includes failing to furnish information required by the Board, or failing to inform the occurrence of any accident or other unforeseen act. An individual or organization that fails to comply with the directions given in the subsections of the law can be convicted or punished with imprisonment for a term of three months or with a fine of Rs10,000 or both and in case failure continues an additional fine of Rs.5,000 everyday. If a person who has already been convicted for any offence is found guilty of the same offence again, he/she after the second and every subsequent conviction, would be punishable with imprisonment for a term not less than two years but which may extend to seven years with fine.  The Forest Conservation Act of 1980 was enacted to control deforestation. It ensured that forestlands could not be de-reserved without prior approval of the Central Government. This was created as States had begun to de-reserve the Reserved Forests for non-forest use. States had regularized encroachments and resettled ‘Project Affected People’ from development projects such as dams in these de-reserved areas. The need for a new legislation became urgent. The Act made it possible to retain a greater control over the frightening level of deforestation in the country and specified penalties for offenders. The Act remained in force till the 1980s when it was realised that protecting forests for timber production alone was not acceptable. The other values of protecting the services that forests provide and its valuable assets such as biodiversity began to overshadow the importance of their revenue earnings from timber. Thus a new Act was essential. This led to the Forest Conservation Act of 1980 and its amendment in 1988. Penalties for offences in Reserved Forests: No person is allowed to make clearings or set fire to a Reserved Forest. Cattle are not permitted to trespass into the Reserved Forest. Felling, collecting of timber, bark or leaves, quarries or collecting any forest product is punishable with imprisonment for a term of six months, or with a fine which may extend to Rs.500, or both. Penalties for offences in Protected Forests: A person who commits any of the following offences like felling of trees, or strips off the bark or leaves from any tree or sets fire to such forests, or kindles a fire without taking precautions to prevent its spreading to any tree mentioned in the Act, whether standing or felled, or fells any tree, drags timber, or permits cattle to damage any tree, shall be punishable with imprisonment for a term which may extend to six month or with a fine which may extend to Rs.500, or both. THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT The Government passed this Act in 1981 to clean up our air by controlling pollution. Sources of air pollution such as industry, vehicles, power plants, etc. are not permitted to release particulate matter, lead, carbon monoxide, sulfur dioxide, nitrogen oxide, volatile organic compounds (VOCs) or other toxic substances beyond a prescribed level. To ensure this, Pollution Control Boards (PCBs) have been set up by Government to measure pollution levels in the atmosphere and at certain sources by testing the air. This Act is created ‘to take appropriate steps for the preservation of the natural resources of the earth which among other things includes the preservation of high quality air and ensures controlling the level of air pollution. The main objectives of the Act are as follows: A. To provide for the Prevention, Control and abatement of air pollution. B. To provide for the establishment of Central and State Boards with a view to implement the Act. C. To confer on the Boards the powers to implement the provisions of the Act and assign to the Boards functions relating to pollution. Powers and Functions of the Boards Central Board: The main function of the Central Board is to implement legislation created to improve the quality of air and to prevent and control air pollution in the country. The Board advises the Central Government on matters concerning the improvement of air quality and also coordinates activities, provides technical assistance and guidance to State Boards and lays down standards for the quality of air. It collects and disseminates information in respect of matters relating to air pollution and performs functions as prescribed in the Act. State Pollution Control Boards: The State Boards have the power to advice the State Government on any matter concerning the prevention and control of air pollution. They have the right to inspect at all reasonable times any control equipment, industrial plant, or manufacturing process and give orders to take the necessary steps to control pollution. They are expected to inspect air pollution control areas at intervals or whenever necessary. They are empowered to provide standards for emissions to be laid down for different industrial plants with regard to quantity and composition of emission of air pollutants into the atmosphere. A State Board may establish or recognize a laboratory to perform this function. The State Governments have been given powers to declare air pollution control areas after consulting with the State Board and also give instructions for ensuring standards of emission from automobiles and restriction on use of certain industrial plants. Penalties: Persons managing industry are to be penalized if they produce emissions of air pollutants in excess of the standards laid down by the State Board. The Board also makes applications to the court for restraining persons causing air pollution. Whoever contravenes any of the provision of the Act or any order or direction issued is punishable with imprisonment for a term which may extend to three months or with a fine of Rs.10,000 or with both ,and in case of continuing offence with an additional fine which may extend to Rs 5,000 for every day during which such contravention continues after conviction for the first contravention. THE ENVIRONMENT (PROTECTION) ACT 1986 The Environment (Protection) Act, 1986 not only has important constitutional implications but also an international background. The spirit of the proclamation adopted by the United Nations Conference on Human Environment which took place in Stockholm in June 1972, was implemented by the Government of India by creating this Act. This act has four Chapters and 26 Sections. Although there were several existing laws that dealt directly or indirectly with environmental issues it was necessary to have a general legislation for environmental protection because the existing laws focused on very specific types of pollution, or specific categories of hazardous substances or were indirectly related to the environment through laws that control landuse, protect our National Parks and Sanctuaries and our wildlife. However there were no overarching legislation and certain areas of environmental hazards were not covered. There were also gaps in areas that were potential environmental hazards and there were several inadequate linkages in handling matters of industrial and environmental safety. This was essentially related to the multiplicity of regulatory agencies. Thus there was a need for an authority which could assume the lead role for studying, planning and implementing long term requirements of environmental safety and give directions to, as well as coordinate a system of speedy and adequate response to emergency situations threatening the environment. This Act was thus passed to protect the environment, as there was a growing concern over the deteriorating state of the environment. As impacts grew considerably environmental protection became a national priority in the 1970s. The decline in the environmental quality, was evidenced by increasing pollution, loss of forest cover and an increasing threat to biodiversity. Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Rights of Tribals and Forest Dwellers To address the adverse living conditions of many tribal families living in forests was on account of non-recognition and vesting of pre-existing rights, a landmark legislation viz. Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, has been enacted to recognize and vest the forest rights and occupation of forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers, who have been residing in such forests for generations, but whose rights could not be recorded. This Act not only recognizes the rights to hold and live in the forest land under the individual or common occupation for habitation or for self-cultivation for livelihood, but also grants several other rights to ensure their control over forest resources which, inter-alia, include right of ownership, access to collect, use and dispose of minor forest produce, community rights such as nistar; habitat rights for primitive tribal groups and pre-agricultural communities; right to protect, regenerate or conserve or manage any community forest resource which they have been traditionally protecting and conserving for sustainable use. The Act also provides for diversion of forest land for public utility facilities managed by the Government, such as schools, dispensaries, fair price shops, electricity and telecommunication lines, water tanks, etc. with the recommendation of Gram Sabhas. In addition, several schemes have been implemented by the Ministry of Tribal Affairs for the benefit of tribal people, including those in the forest areas such as "Mechanism for marketing of Minor Forest Produce (MFP) through Minimum Support Price (MSP) and development of Value Chain for MFP". Funds are released out of Special Central Assistance to Tribal Sub Plan for infrastructure work relating to basic services and facilities viz. approach roads, healthcare, primary education, minor irrigation, rainwater harvesting, drinking water, sanitation, community halls, etc. for development of forest villages.