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Comparative study of UK, India, Pakistan Environmental Protection Act


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Comparative study of UK, INDIA &
PAKISTAN Environmental Protection Act
UK EPA 1990

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Comparative study of UK, India, Pakistan Environmental Protection Act

  1. 1. Comparative study of UK, INDIA & PAKISTAN Environmental Protection Act
  2. 2. Contents Comparative Analysis of UK & Indian environmental policy .............................................................. 2 Comparative law method (UK & India) ............................................................................................... 2 Socio-legal method (UK & India) ......................................................................................................... 2 Context ................................................................................................................................................ 3 India .................................................................................................................................................... 3 UK ........................................................................................................................................................ 4 Reference: ......................................................................................................................................... 15 1
  3. 3. Comparative study of UK, INDIA & PAKISTAN Environmental Protection Act Comparative Analysis of UK & Indian environmental policy Einstein once remarked, 'the environment is everything that isn't me'. In this sense, the environment may mean virtually everything in the surrounding. However, for the purpose of this study a limited definition of the environment as contained in the statutes will be adopted. Section 1 of the UK Environmental Protection Act 1990 defines the environment as consisting of “all, or any, of the following media, namely, the air, water and land; and the medium of air includes the air within buildings and the air within other natural or manmade structures above or below ground”. This definition is closer to the scope of this study than section 2 of the Indian Environment (Protection) Act 1986 which states that 4 environment includes “water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, microorganisms and property”. International law has influenced and shaped the environmental law in India and the UK, particularly after the Stockholm Conference 1972. Comparative law method (UK & India) It is often quoted that Aristotle collected more than 150 city state constitutions in the 4th century BC for devising a model constitution for Greece. Therefore, the method of comparative law for understanding and improving law dates back to the ancient times. Zweigert and Kotz (1987) have defined the subject of comparative law as ' an intellectual activity with law as its object and comparison as its process'. 9 Most comparative law books have assumed three main legal families in the world namely civil law, common law and socialist legal order. However, with the collapse of the erstwhile Soviet Union only two parent legal families remain, that is civil law and common law. Civil law countries, such as France and Germany, have been influenced by the Roman tradition of law making while India and the USA have made their law following the common law tradition of England. Socio-legal method (UK & India) Sociology of law aims to discover the causal relationships between law and society. It seeks to discover patterns from which one can infer whether and under what circumstances law affects human behavior and conversely how law is affected by social change. 25 Therefore there is a great deal of similarity and overlap between the sociology of law and comparative law. However, the field of socio-legal study is much wider because here, through field observations and empirical observations, functioning of law and institutions are studied while comparative law confines to a study of rules of two systems in relation to each other. In this method a range of data collected from field is used to determine the efficacy of a law. This method is important in the context of India and the UK as both employ a wide variety of regulatory instruments to protect the environment. With the help of data about violations of law, prosecutions and informal methods used by a department it is possible to use this method to show how effective the law has actually been on the ground. Thus 2
  4. 4. the prime mover in a socio-legal method is the interest to see the worth of a law in actual operation than for the sake of law alone. This approach will be useful in studying enforcement patterns of the environmental laws in India and the UK. Context To recommend that one country emulate or catch up with another's success simply by copying or transferring a programme wholesale is naive, because it ignores the way in which national context influences how a programme can operate, and whether it may be effective. 26 This was in fact the caution given by Kahn-Freund (1974) on possible misuses of comparative law. It is, therefore, of interest briefly to state some background information about India and the UK. India The people of India have had a continuous civilization since 2500 BC, when the inhabitants of the Indus Valley thrived on urban culture based on commerce and agriculture. India witnessed many kingdoms in the entire span of her history. She faced many invasions from Turks, Afghans and others. In 16th century AD Moghul dynasty was established. The establishment of the East India Company in 1600 preceded British rule in India. The Republic of India has an area of 3.3 million sq. km with a population of more than 1 billion as in March 2001. Total literacy rate was 65.38% during 2001. Terrain varies from Himalayas to flat river valleys and climate ranges from temperate to sub-tropical monsoon. India shares international borders with China, Pakistan, Myanmar, and Bhutan. In addition to Hindi and English there are 16 other official languages. India achieved independence from Britain on 15 August 1947 and the constitution came into being on 26 January 1950. The type of the government is a federal republic. India has 29 states and 7 directly administered union territories. The President is the head of the republic while the Prime Minister is the head of the government. India's Parliament is bicameral. Chief Ministers head state governments. Gross Domestic Product (GDP) is $ 390 billion and the real growth rate (1998-99) is 6.8%. Per capita GDP is $420. India has vast natural resources. India's economic growth is constrained by inadequate infrastructure and cumbersome bureaucratic procedures. Despite this, India, following economic reforms started in 1991, has emerged as an important economic and industrial power in world. According to its constitution, India is a 'sovereign, socialist, secular, democratic republic'. The Indian constitution guarantees fundamental rights of life and liberty to the people of India. The Indian Supreme Court has interpreted right to life under Article 21 to include a right to a wholesome environment. The Supreme Court has also entertained many public interest cases on the environment and has earned comments from jurists of indulging in judicial activism. Some have even criticised this approach of the Supreme Court. But in India polarisation in terms of wealth, power and position is very sharp which has produced 3
  5. 5. judicial activism by the Indian courts. This is not the case in the UK where judicial activism has not developed, as the society is not highly polarised giving less chance to the judges to become activist. India has a federal form of government but its central government is patterned after the British parliamentary system. India's bicameral 15 legislature consists of the Rajya Sabha (Council of States) having strength of 245 and the Lok Sabha (House of the People) having strength of 545. India's independent judicial system began under the British, and its concepts and procedures resemble those of common law countries. Prime Minister Atal Behari Vajpayee took office in October 1999 after a general election in which a Bhartiya Janata Party (BJP) led coalition of 13 parties called the National Democratic Alliance emerged with an absolute majority. India's achievement as the world's biggest democracy bears ample testimony to the democratic traditions of people and leaders of India. India remains leader of the Non-Aligned Movement (NAM) and is an active member of the South Asia Association for Regional Cooperation (SAARC). The British enacted most of the Indian law presently in force. The Indian constitution was deeply influenced by the common law of England. The Indian judiciary is independent and follows British judiciary in manners of style and approach. In fact Indian Supreme Court judges quote frequently from British law and judgments. The Ministry of Environment and Forest of the Government of India is responsible for evolving policies relating to protection of the environment and forest. States Forest Departments are charged with the responsibility of forest management while States Pollution Control Boards, autonomous bodies under state governments, are responsible for enforcing various environmental laws of air, water etc. The Central Pollution Control Board, an autonomous body under the Ministry of Environment and Forest, helps State Pollution Control Boards and advises the Government of India on environmental matters. UK The United Kingdom of Great Britain and Northern Ireland has an area of 244,820 sq. km. GDP (Nominal GDP, 2000) is $1.44 trillion, annual growth rate is 3.0% and per capita GDP (1999) is $24,300. The population is over 59 million, the third largest in Europe and the 18 th largest in the world. The form of the government is a constitutional monarchy. Parliament is bicameral comprising House of Commons and House of Lords. After the devolution in 1988, Scotland has a Parliament. Wales and Ireland have Assemblies. The constitution is unwritten comprising partly statutes, partly common law and practice. The common law of England is the greatest export to the nations of the world. The UK's constitution and laws guarantee freedoms on the people relating to life and liberty which include rights to human dignity, equality and personal integrity and human rights etc. Three important milestones in the British constitutional history namely Magna Carta, the Bill of Rights and the Human Rights Act 1998 are of profound importance. Changes may come formally through Acts of Parliament, acceptance of new practices and usages or by judicial precedent. But in actual practice the weight of 700 years of tradition restrains arbitrary actions. The judiciary is 4
  6. 6. independent of the legislative and executive branches but cannot review the constitutionality of legislation. The European Convention on Human Rights and Fundamental Freedoms (ECHR) was created under the auspices of the Council of Europe. The body of the Convention outlines the main traditional political and civil rights: right to life, freedom from torture and inhuman or degrading treatment, freedom from slavery, freedom of the person and right to privacy etc. All these rights are to be secured without discrimination on grounds of sex, 17 race etc. The European Court of Human Rights has interpreted some civil and political rights to protect against environmental harms. The UK has been a party to the ECHR since it entered into force in 1953. The Convention, therefore, is an important constitutional dimension in respect of the UK as far as an express provision relating to human rights is concerned. The UK accepted the compulsory jurisdiction of the European Court of Human Rights, which meant an individual, may petition to this institution in the event of the breach of a Convention right. The Human Rights Act 1998 (HRA) incorporates most Convention rights into the laws of the UK. Section 3 of the HRA places the following duty on all courts and tribunals in all types of legal proceedings: " So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention right." If the High Court finds that, it is impossible to ' read and give effect' to an Act of Parliament or statutory instrument so that it is compatible with the ECHR, it may make a formal 'declaration of incompatibility' under section 4 of the HRA 1998. "Section 10 of the HRA 1998 empowers a government minister to introduce a statutory instrument to amend or repeal the provision, which a British Court has OT declared to be incompatible with the ECHR." Thus, the HRA 1998 and the ECHR would have greater roles in influencing environmental laws in modern times as the environment and the human rights have been found to have definite connections. 5
  7. 7. Comparative study of UK, INDIA & PAKISTAN Environmental Protection Act UK EPA 1990 INDIAN EPA 1986 PAKISTAN EPA 1997 Enforcement Of Law  This law enforces to the England and Wales & to the Scotland. It extends to the whole of India. It extends to the whole of Pakistan. Legislations                    Alkali Act 1863 Alkali Act 1874 Alkali Act 1906 Ancient Monument and Archaeological Areas Act 1979 Civil Procedure Act 1997 Clean Air Act 1956 Clean Air Act 1993 Common Law Procedure Act 1854 Control of Pollution Act 1974 (CoPA) Control of Pollution (Amendment) Act 1989 Countryside Act 1968 Criminal Justice Act 1982 Criminal Justice Act 1991 Deposit of Poisonous Wastes Act 1972 Dumping at Sea Act 1974 Endangered Species (Import and Export) Act 1976 Environment Act 1995 (EA) Environmental Protection Act 1990 (EPA 1990) European               Air (Prevention and Control of Pollution) Act 1981 Air (Prevention and Control of Pollution) Rules 1982 Atomic Energy Act 1962 Batteries (Management and Handling) Rules 2000 (Draft) Bengal Smoke Nuisance Act 1905 Biodiversity Bill 2000 Bio-Medical Waste (Management and Handling) Rules 1998 Chemical Accidents (Emergency Planning, Preparedness and Response) Rules 1996 Coastal Regulation Zone Notification 1991 Code of Civil Procedure (Amendment) Act 1999 Code of Civil Procedure 1908 Code of Criminal Procedure 1973 Constitution of India Eco-Sensitive ZonePachmarhi                 Environmental Impact Assessment 1997 Hazardous waste 1997 Hazardous Substances 1997 Environmental Protection Order 1997 Control of Emission 1997 Offences and Penalties 1997 International Treaties, Conventions and Agreements International provincial matters and Coordination 1997 National Planning Surveys and Research 1997 Foreign Loans and Foreign Aid Taxation Copyright, Inventions, Trademarks Shipping Oil and Gas Mining Nuclear Energy, Nuclear Waste National Environmental Quality Standards (Certification of 6
  8. 8.                       Communities Act 1972 Finance Act 1996 Forestry Act 1967 Freshwater and Salmon (Scotland) Act 1976 Housing Act 1890 Housing Act 1985 Housing Act 1988 Housing and Planning Act 1986 Housing, Town Planning etc Act 1909 Human Rights Act 1998 Merchant Shipping (Oil Pollution) Act 1971 Merchant Shipping (Oil Pollution) Act 1974 National Parks and Access to the Countryside Act 1949 (NPACA) Nature Conservancy Council Act 1973 Noise Act 1996 Noise and Statutory Nuisance Act 1993 Nuclear Industries Act 1965 Occupier's Liability Act 1957 Planning (Hazardous Substances) Act 1990 Planning (Listed Buildings and Conservation Areas) Act 1990 Police and Criminal Evidence Act 1984 Pollution Prevention Control Act 1999 Prevention of Oil                    Notification 1998 Environment (Protection) (Second Amendment) Rules 1999 Environment (Protection) Act 1986 Environment (Protection) Rules 1986 Environment (Siting for Industrial Projects) Rules 1999 (Draft) Factories Act 1948 Forest (Conservation) Act 1980 Forest (Conservation) Rules 1981 Hazardous Wastes (Management and Handling) Rules 1989 Indian Easement Act 1882 Indian Evidence Act 1872 Indian Fisheries Act 1897 Indian Forest Act 1878 Indian Forest Act 1927 Indian Legislation Indian Penal Code 1860 Insecticides Act 1968 Manufacture, Storage and Import of Hazardous Chemicals (Amendment) Rules 2000 (Draft) Manufacture, Storage and Import of Hazardous Chemicals Rules 1989               Environmental Laboratories) Regulations, 2000 Environmental Tribunal Rules, 1999 (Amended 2000) PEPA (Review of IEE and EIA) Regulations, 2000 Provincial Sustainable Development Fund Board (Procedure) Rules, 2001 Environmental Samples Rules, 2001 National Environmental Quality Standards (SelfMonitoring and Reporting by Industry) Rules, 2001 Pollution Charge for Industry (Calculation and Collection) Rules, 2001 Provincial Sustainable Development Fund (Utilization) Rules, 2003. Pakistan Biosafety Rules, 2005. Hospital Waste Management Rules, 2005. National Disaster Management Division; 2011 Planning and Development Division National Heritage and Integration Division Ministry of Water and Power Ministry of Foreign 7
  9. 9.                        Pollution Act 1971 IV Protection of Birds Act 1954 Protection of Seals Act 1970 Public Health Act 1845 Public Health Act 1848 Public Health Act 1855 Public Health Act 1860 Public Health Act 1875 Public Health Act 1936 Public Health Act 1961 Public Health Act 1963 Public Health (Control of Diseases) Act 1984 Radioactive Substances Act 1993 Rivers Pollution Prevention Act 1876 Rivers (Prevention of Pollution) Act 1951 Salmon Act 1986 Salmon and Freshwater Fisheries Act 1975 Statutory Water Companies Act 1991 Supreme Court Act 1981 Town and Country Planning Act 1932 Town and Country Planning Act 1947 Town and Country Planning Act 1968 Town and Country                Mines and Minerals (Regulation and Development) Act 1957 Municipal Solid Waste (Management and Handling) Rules 2000 Municipal Waste (Management and Handling) Rules 2000 National Environment Appellate Authority Act 1997 National Environment Tribunal Act 1995 Noise Pollution (Regulation and Control) Rules 2000 Ozone Depleting Substances (Regulation) Rules 2000 Prevention and Control of Pollution (Uniform Consent Procedure) Rules 1999 (Draft) Public Liability Insurance Act 1991 Public Liability Insurance Rules 1991 Re-cycled Plastics Manufacture and Usage Rules 1999 River Boards Act 1956 Shore Nuisance (Bombay and Kolaba) Act 1853 2-T (Regulation of Supply and Distribution) Order 1998 Water (Prevention and Control of Pollution) (Procedure  Affairs Ministry of Ports 8
  10. 10.                   Planning Act 1971 Town and Country Planning Act 1990 (TCPA) Water Act 1945 Water Act 1973 Water Act 1989 Water Industry Act 1991 (WIA 1991) Water Resources Act 1963 Water Resources Act 1991 (WRA 1991) Wildlife and Countryside Act 1981 (WCA) STATUTORY INSTRUMENTS Civil Procedure Rules 1998 (CPR), SI 1998/3132 Clean Air (Emission of Dark Smoke) Regulations 1969 Clean Air (Height of Chimneys) Exemption Regulations 1969, SI 1969/411 Clean Air (Measurement of Grit and Dust from Furnaces) Regulations 1971. SI 1971/161 Conservation (Natural Habitats etc) Regulations 1994 Control of Pollution (Applications, Appeals and Registers) Regulations 1996, SI 1996/2971 (CPR) Controlled Waste Regulations 1992, SI 1992/588      for Transaction of Business) Rules 1975 Water (Prevention and Control of Pollution) Act 1974 Water (Prevention and Control of Pollution) Cess Act 1977 Water (Prevention and Control of Pollution) Cess Rules 1978 Water (Prevention and Control of Pollution) Rules 1975 9
  11. 11.              Environment Act 1995 (Commencement) Order 1995, SI 1995/1983 Environmental Assessment (Forestry) Regulations 1998 Environmental Information Regulation 1992 Environmental Licences (Suspension and Revocation) Regulations 1996 Environmental Protection (Applications, Appeals and Registers) Regulations 1991, SI 1991/507 Environmental Protection (Applications, Appeals and Registers) Regulations 1991, SI 1991/667 Environmental Protection (Duty of Care) Regulations 1991, SI 1991/2839 Environmental Protection (prescribed Processes and Substances) Regulations 1991, SI 1991/472 Environmental Protection Regulations SI 1994/1271 Forestry (Felling of Trees) Regulations 10
  12. 12.             1979 Integrated Pollution Prevention Control (IPPC) Regulations (Draft) Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 Planning (Hazardous Substances) Regulations 1992, SI 1992/656 Planning (Listed Buildings and Conservation Areas) Regulations 1990, SI 1990/1519 Rules of the Air Regulations 1991 Smoke Control Areas (Authorised Fuels) Regulations 1991, SI 1991/1282 Statutory Nuisance (Appeals) Regulations 1995 Town and Country Planning (Assessment of Environmental Effects) (El A) Regulations 1988, SI 1988/1199 Town and Country Planning (Development Plans) Direction 1991, SI 1991/2794 Town and Country Planning (Enforcement) (Inquiries Procedure) Rules 1992 Town and Country Planning (Environmental 11
  13. 13.                 Impact Assessment) (England and Wales) Regulations 1999, SI 1999/293 Town and Country Planning (General Development Procedure) Order 1995 Town and Country Planning (Trees) Regulations 1999 Trade Effluents (Prescribed Processes and Substances) Regulations 19891992 Transfrontier Shipment of Waste Regulations 1994, SI 1994/1137 Urban Waste Water Treatment (England and Wales) Regulations 1994, SI 1994/2841 Waste Management Licensing Regulations 1994, SI 1994/1056 Water Supply (Water Quality) Regulations 1989, SI 1989/1147 PLANNING POLICY GUIDANCE NOTES (PPGs) PPG 1 General Policy and Principles PPG 2 Green Belt PPG 3 Housing PPG 4 Industrial and Commercial Development PPG 7 Countryside PPG 9 Nature Conservation PPG 12 Development 12
  14. 14.      Plans PPG 13 Transport PPG 15 Planning and the Historic Environment PPG 16 Archaeology and Planning PPG 23 Planning and Pollution Control PPG 24 Noise Definitions    The “environment” consists of all, or any, of the following media, namely, the air, water and land; and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground. “Pollution of the environment” means pollution of the environment due to the release (into any environmental medium) from any process of substances which are capable of causing harm to man or any other living organisms supported by the environment. “Harm” means harm to the health of living organisms or other interference with the ecological systems of which they form part and, in the case of man, includes offence caused to any of his senses or    "Environment" includes water, air and land and interrelationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property. "Environmental pollutant" means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment. Or "Environmental pollution" means the presence in the environment of any environmental pollutant. "Hazardous substance" means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to  “Environment” means– 1. Air, water and land. 2. All layers of the atmosphere. 3. All organic and inorganic matter and living organisms. 4. The ecosystem and ecological relationships. 5. Buildings, structures, roads, facilities and works. 6. All social and economic conditions affecting community life. 7. The inter-relationships between any of the factors in sub-clauses (a) to (f). 8. “Environmental impact assessment” means an environmental study comprising collection of data, prediction of qualitative and quantitative impacts, comparison of alternatives, evaluation of preventive, mitigatory and compensatory measures, formulation of environmental management and training plans and monitoring arrangements, and framing of 13
  15. 15. harm to his property; and “harmless” has a corresponding meaning.  cause harm to human beings, other living creatures, plant, micro-organism, property or the environment. "Occupier", in relation to any factory or premises, means a person who has, control over the affairs of the factory or the premises and includes in relation to any substance, the person in possession of the substance. recommendations and such other components as may be prescribed.   1. 2.  “pollution” means the contamination of air, land or water by the discharge or emission of effluents or wastes or air pollutants or noise or other matter which either directly or indirectly or in combination with other discharges or substances alters unfavourably the chemical, physical, biological, radiational, thermal or radiological or aesthetic properties of the air, land or water or which may, or is likely to make the air, land or water unclean, noxious or impure or injurious, disagreeable or detrimental to the health, safety, welfare or property of persons or harmful to biodiversity. “Hazardous substance” means: Aa substance or mixture of substances, other than a pesticide as defined in the Agricultural Pesticides Ordinance, 1971 (II of 1971), which, by reason of its chemical activity or toxic, explosive, flammable, corrosive, radioactive or other characteristics causes, or is likely to cause, directly or in combination with other matters, an adverse environmental effect. Any substance which may be prescribed as a hazardous substance. “person” means any natural person or legal entity and includes an 14
  16. 16. individual, firm, association, partnership, society, group, company, corporation, co-operative society, Government Agency, non-governmental organization, communitybased organization, village organization, local council or local authority and, in the case of a vessel, the master or other person having for the time being the charge or control of the vessel. Reference:  (n.d.). Retrieved from A The National Archives:  Pastakia, F. (2012, april). Environmental Protection & The Eighteenth Amendment. National Impact Assessment Programme, 7-113.  SINHA, G. N. (2003, August). The University of Birmingham School of Law.    THE ENVIRONMENT (PROTECTION) ACT, 1986 No. 29 OF 1986 THE PUNJAB ENVIRONMENTAL PROTECTION ACT 1997 (XXXIV of 1997) Strengthening Environmental Legislations in India, document by Centre for Environmental Law, WWF. 15