Discussing the law of environment

1. The Law Of Environment
Module-5

2. Environment laws of India
 In India the law relating to pollution control is more
than 100 years old. The earliest of them is share
(Bombay) Nuisance Act 1853. The history of legislative
fight against pollution started with Indian Penal Code,
1860. Sec 268 defined what is public nuisance.
 Legislative fight against pollution continued in
Independent India. Now, there is a host of legislation
in India aimed at protecting the environment from
pollution and maintaining the ecological balance. The
Environment (protection) Act, 1986 is one of the
latest and major Act for environmental protection

3. The Environment (Protection)
Act 1986

4. The Environment (Protection) Act 1986 was
introduced after the Bhopal gas tragedy during
Rajiv Gandhi was the Prime Minister of our
country.

5.  An Act to provide for the protection and
improvement of environment and for matters
connected there with:
 WHEREAS the decisions were taken at the United
Nations Conference on the Human Environment
held at Stockholm in June, 1972, in which India
participated, to take appropriate steps for the
protection and improvement of human
environment;
 AND WHEREAS it is considered necessary further
to implement the decisions aforesaid in so far as
they relate to the protection and improvement of
environment and the prevention of hazards to
human beings, other living creatures, plants and
property;

6. • To protect the forests and wildlife in the country.
• To improve the quality of life by protection of environment.
• To co-ordinate the activities of the various regulatory
agencies already in existence.
• To appoint environment officers to check environmental pollution.
• Establishing environmental laboratories.

7. CHAPTER I
PRELIMINARY
 SHORT TITLE, EXTENT AND COMMENCEMENT.
 (1) This Act may be called the Environment (Protection)
Act, 1986.
 (2) It extends to the whole of India.
 (3) It shall come into force on such date as the Central
Government may, by notification in the Official Gazette,
appoint and different dates may be appointed for different
provisions of this Act and for different areas1 .

8. • Environment-
• Environment it includes water, air and land and the inter
relationship which exists between water, air and land and human
being, other living creatures, plants, micro organisms and
property.
• Environment pollutant-
• It means any solid, liquid or gaseous substance present in such
concentration as may be injurious to environment pollutant.

9. • Hazardous substance -
• It means any substance or preparation which, by reason of its
chemical or physico-chemical properties or handling, is liable to
cause harm to human beings, other living creatures, plant, micro-
organism, property or the environment.
• Environment pollution -
• It means the presence of any environmental pollutant in the
environment. It includes all extraneous materials that are harmful
to human being ,animals and plants life.

10. SOURCES AND CAUSES FOR THE
POLLUTION
• Combustion
• Construction
• Mining
• Agriculture
• Chemical plants
• Coal-fired power plants
• Oil refineries
• Petrochemical plants, Nuclear waste
• Large livestock farms (dairy cows, pigs, poultry, etc.)
• PVC factories
• Plastics factories and other heavy industry are
increasingly significant in the pollution equation.

11. • Chairman
• Representative of the State Govt. (not exceeding five)
• Representative of local bodies (not exceeding five)
• Representative of companies or corporations owned, controlled
or managed by the State Govt. (two)
• Representative have interests of agriculture, fishery or industry
or trade etc. (not exceeding three)
• Member Secretary:
• (Full time possessing qualifications, knowledge and experience
of scientific, engineering or management aspects of pollution
control.)

12. • Chairman
• Representative of the Central Govt. (not exceeding five)
• Representative of State Govt. (not exceeding five)
• Representative of companies or corporations owned, controlled
or
• managed by the Central Govt. (two)
• Representative have interests of agriculture, fishery or industry
or trade etc. (not exceeding three)
• Member Secretary
• (Full time possessing qualifications, knowledge and experience
of scientific, engineering or management aspects of
pollution

13. • Central Government may appoint officers with such
designation as it thinks fit for the purposes of this Act
and may entrust to them such of the powers and
functions under this Act as it may deem fit.

14. 1. Laying down standards for the quality of environment in its
various aspects.
2. Planning and execution of a nation-wide programme for the
prevention, control and abatement of environmental pollution.
3. Laying down standards for emission or discharge of environmental
pollutants from various sources.
4. Restriction of areas.
5. Laying down procedures and safeguards for the handling of
hazardous substances.

15. 7. Examination of such manufacturing processes, materials and
substances which are likely to cause environmental pollution.
8. Inspection of any premises, plant, equipment, machinery,
manufacturing or other processes, materials or substances.
9. Establishment or recognition of environmental laboratories and
institutes.
10. Collection and dissemination of information in respect of matters
relating to environmental pollution.
11. Preparation of manuals or guides relating to the prevention, control
and abatement of environmental pollution.

16. The Central Government may, by notification in the Official Gazette,
make rules in respect of all or any of the matters referred to in
section 3.
a) The standards of quality of air, water or soil for various areas and
purposes.
b) The maximum allowable limits of concentration of various
environmental pollutants (including noise) for different areas.

17. c) The procedures and safeguards for the handling of hazardous
substances.
d) The prohibition and restrictions on the handling of hazardous
substances in different areas.
e) The prohibition and restriction on the location of industries and the
carrying on process and operations in different areas.
f) The procedures and safeguards for the prevention of accidents which
may cause environmental pollution and for providing for remedial
measures for such accidents

18. • Persons carrying on industry operation, etc., not to allow
emission or discharge of environmental pollutants in excess
of the standards.
• Persons handling hazardous substances to comply with procedural
safeguards
• Furnishing of information to authorities and agencies in certain cases
• Powers of entry and inspection
• Power to take sample and procedure to be followed in connection
therewith
• Environmentallaboratories

19. • Central Laboratory, Maharashtra Pollution Control Broad, CIDCO
Bhawan, 5thFloor, South Wing, Belapur -C.B.D. Navi Mumbai - 400
614.
• Central Laboratory, Maharashtra Pollution Control Board, Army &
Navy Building, Ground Floor, 148, M.G.Road, Fort, Mumbai - 400
023.
• Environmental Survey Laboratory, Nuclear Power Corporation,
Tarapur Atomic Power Station, P.O. TAPP. District Thane - 401 504
• Environmental Survey Laboratory, Health Physics Division, Bhabha
Atomic Research Centre, Trombay, Mumbai - 400 085.
• Chemical Laboratory, Indian Beauro of Mines, Ore Dressing
Division, New Secretariat Building, Civil Lines, Nagpur - 440 001

20. a) Graduate in science from a recognized university with five year’s
experience in a laboratory engaged in environmental investigations,
testing or analysis; or
b) Post-graduate in science or a graduate in engineering or a graduate in
medicine or equivalent with two year’s experience in a laboratory
engaged in environmental investigations, testing or analysis; or
c) Post-graduate in environmental science from a recognized university
with two year’s experience in a laboratory engaged in environmental
investigations, testing or analysis.

21. • To evolve standardized methods for sampling and analysis of
various types of environmental pollutants.
• To analyze samples sent by the Central Government or the officers
empowered under sub-section (1) of section 11.
• To carry out such investigations as may be directed by the Central
Government to lay down standards for the quality of environment
and discharge of environmental pollutants, to monitor and to enforce
the standards laid down.
• To send periodical reports regarding its activities to the Central
Government.
• To carry out such other functions as may be entrusted to it by the
Central Government from time to time.

22. a) Whoever fails to comply with or contravenes any of the provisions
of this Act, or the rules made or orders or directions issued
thereunder, shall, in respect of each such failure or contravention,
be punishable with imprisonment for a term which may extend to
five years with fine which may extend to one lakh rupees, or with
both, and in case the failure or contravention continues, with
additional fine which may extend to five thousand rupees for every
day during which such failure or contravention continues after the
conviction for the first such failure or contravention.
b) If the failure or contravention referred to in sub-section (1)
continues beyond a period of one year after the date of conviction,
the offender shall be punishable with imprisonment for a term
which may extend to seven years.

23. 2. Offences by companies
(1)Where any offence under this Act has been committed by a
company, every person who, at the time the offence was committed,
was directly in charge of, and was responsible to, the company for
the conduct of the business of the company, as well as the company,
shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly
(2)Notwithstanding anything contained in sub-section (1), where an
offence under this Act has been committed by a company and it is
proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also deemed to be
guilty of that offence and shall be liable to be proceeded against and
punished accordingly.

24. 3. Offences by Government Departments
1)(1) Where an offence under this Act has been committed by any
Department of Government, the Head of the Department shall be
deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly.
2)(2) Notw ithstanding anything contai ned in sub-section (1), where an
offence under this Act has been committed by a Department of
Government and it is proved that the offence has been committed with
the consent or connivance of, or is attributable to any neglect on the part
of, any officer, other than the Head of the Department, such officer shall
also be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.

25. WATER ACT, 1974
(Prevention and control of pollution)

26. The Water (Prevention and Control of
Pollution) Act, 1974
• The Federal Water Pollution Control Act of 1948 was the first major
U.S. law to address water pollution. Growing public awareness and
concern for controlling water pollution led to sweeping
amendments in 1972. As amended in 1972, the law became
commonly known as the Clean Water Act (CWA).
• The need for legislating the act was felt in the year 1962, it was the
same year when independent India fought its first war with china.
A committee was set up in 1962 to draw a draft enactment for the
prevention of water pollution.

27. Introductio
n
• The Water Act was enacted by Parliament Act, 1974 purpose to
provide for the prevention of control of water pollution and the
maintaining or restoring of wholesomeness of water. As
on day, it is applicable in all the states of India.

28. OBJECTIVES
The water(prevention and pollution control) act 1974, provides for
following:
1. Prevention and control of water pollution
2. Maintaining or restoring the wholesomeness of water; and
3. Establishment of board for prevention and control of water pollution
• An act to provide for the levy and collection of a cess on water
consumed by persons carrying on certain industries and by local
authorities, with a view to augment the resources of the central board
and the state boards for the prevention and control of water pollution
constituted under the water (prevention and control of pollution) act,
1974.

29. Application and Commencement
• It applies in the first instance to the whole of the States of Assam, Gujarat,
Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala,
Madhya Pradesh, Rajasthan and West Bengal and the Union Territories.
In this act, unless the context, otherwise requires
1. Pollution
2. Sewerage Effluent
3. Trade effluent
4. Occupier
5. Outlet
6. Stream

30. 2e
POLLUTION
 Pollution means such as
• Contamination of water or
• Alternation of physical, chemical Or biological properties of water or
• Discharge of any Sewerage effluent Or trade Effluent Of or any other
liquid or solid substance into water
 As may render such water harmful
• To public health
• To domestic , commercial , industrial, agriculture Or other legimatic
users
• To life of animal And plant or aquatic Organisms.

31. Sewage
effluent
Sewage effluent means effluent from
• Any sewerage system or Disposal works and
• Includes sullage from open drains.
Trade effluent
Trade effluent includes
• Any liquid ,solid or gaseous Substance
• Which discharge from any Premises Used for Carrying on
• Any industries operation or processes, or treatment And disposal system
• Other then domestic sewage.

32. OCCUPI
ER
• In relation to any factory or premises
•The person who has control there over affairs to the factory or premises
And includes
In relation to any substance
• The person is possession for the substance
OUTLET
It includes
• Any conduit pipe or channel , open or closed
• Carrying sewerage or trade effluent of any other holding arrangement
• Which causes or is likely to cause, pollution .

33. Stream
It includes,
• River
• Watercourses
• Inland water
• Sea or tidal water such extent or, as the case may be , to such point
may as the state government may, by notification in the critical
gazeeth , specify

34. Functions of Central Board (sec. 16)
• The Central Board may establish or recognize a laboratory
or laboratories to enable the Central Board to perform its
functions under this section efficiently.
• The Central Board may-
(a)delegate any of its functions under this Act generally or
specially to any of the committees appointed by it;
(b)do such other things and perform such other acts as it
may think necessary for the proper discharge of its
functions and generally for the purpose of carrying into
effect the purposes Of this Act.

35. Functions of the State Board
• Functions of a State Board has been prescribed in section 17
• But the state pollution board have confined themselves only to grant
consents to the industries.
• After the legislation of Environment (Protection) Act, 1986 wherein
the Standards for Effluent has been prescribed in the EP Rules, the
Boards merely mentioned those rules in the conditions of the
consent.
• More so Boards are issuing consent with the condition “Zero
Discharge” without
ensuring whether this condition could be met or complied by the
Industry.

36. • To oversee the implementation of the GAP and to lay down
policies and programmes, Government of India constituted the
CGA (Central Ganga Authority)in February 1985, renamed as the
NRCA (National River Conservation Authority)in September 1995,
under the chairmanship of the Prime Minister. The Government
also established the GPD (Ganga Project Directorate)in June 1985
as a wing of Department of Environment, to execute the projects
under the guidance and supervision of the CGA. The Government
renamed the GPD as the NRCD (National River Conservation
Directorate)in June 1994.
Example:-Ganga action
Plan

37. GAP
I
• The GAP-I envisaged to intercept, divert and treat 882 mld (million litres
per day) out of 1340 mld of wastewater, generated in 25 class-i towns in 3
states of uttar pradesh, bihar and west bengal. The NRCD had scheduled the
GAP-I for completion by march 1990, but extended it progressively up to
march 2000. While the GAP-I was still in progress, the CGA decided in
february 1991 to take up the GAP-II, covering the following pollution
abatement works:
GAP II
• The CCEA (Cabinet Committee on Economic Affairs) approved the GAP-II
in various stages during April 1993 to October 1996 . The States of Uttar
Pradesh, Bihar, West Bengal, Delhi and Haryana were to implement the
GAP-II by treating 1912 mld of sewage. GAP-II is scheduled for
completion by December 2001.

38. FINANCIAL PROFILE
• Approved outlays for the GAP-I and the GAP-II were rs 462.04
crore and rs 1276.25 crore respectively. The central government
was to bear the entire expenditure on schemes under the GAP-I,
and to share it equally with the states in the GAP-II. The
government of India decided in November 1998 to bear the entire
expenditure on schemes from April 1997, as the states found it
difficult to provide their matching share.

39. THE AIR(PREVENTION AND
CONTROL OF POLLUTION)ACT 1981

40. What is Air pollution?
Air pollution refers to the release of pollutants into the air that
are detrimental to human health and the planet as a whole.
It is an undesirable change in the physical, chemical or
biological characteristics of air.
Sources of Air Pollution are:-
1. Man-made
2. Natural

41. Major Air Pollutants
1. Carbon Monoxide
2. Sulphur Dioxide
3. Carbon Dioxide
4. Chlorofloro Carbon
5. Nitrogen Oxide
6. Ozone

42. Air Pollution Control Acts
1948:-Factories Act and Amendment in 1987.
1981:-Air(Prevention and Control of Pollution)Act.
1982:-Air(Prevention and Control of Pollution)Rules.
1982:-Atomic Energy Act.
1987:-Air(Prevention
Pollution)AmendmentAct.
1988:-Motor VehicleAct.
and Control of

43. The Air (Prevention and Control of Pollution)
Act, 1981
The Air(Prevention and Control of Pollution)Act, 1981 is
a central Act of Parliament, which provides for the
prevention and control of air pollution and maintaining
the good quality of air.
It also provided for the establishment of the Central and
State Boards for the Prevention and Control of Air
Pollution.
It is applicable to whole of India except Jammu and
Kashmir.

44. Objective
To provide for the prevention, control and abatement of air
pollution.
To provide for the establishment of central and state board
with a view to implement theAct.
To confer on the boards the power to implement the
provisions of the Act and assign to the boards functions
relating to pollution.

45. Definition Under the Air Act
“Air Pollutant” means any solid, liquid or gaseous
substance(including noise) present in the
atmosphere in such concentration as may be or tend
to be injurious to
creatures or
human beings or other
plants or property
living
or
environment.(Sec.2(a))
“Air Pollutant” means the presence in the
atmosphere of any air.(Sec.(b))
“Board” means the Central and State
Board.(Sec.2(f))
“Member” means a member of the Central Board or
a State Board, as the case may be, and includes the
7 Chairman thereof.(Sec.2(l))

46. Central Pollution Control Board
Central Pollution Control Board constituted under sec.3 of
the Water Prevention and Control Act,1974 was
authorized to exercise the powers and performs the
functions for the prevention and control of air
pollution.(CPCB) of India is a statutory organisation
under the Ministry of Environment, Forest and Climate
Change. It serves as a field formation and provide
technical and financial services.

47. The functions of Central Board under the Air
Act
The main functions of the Central Board, as specified in Section
16 of the Act, shall be:-
Advise the Central Government on any matter concerning the
improvement of the quality of air and the prevention, control of
abatement of air pollution.
Plan and cause to be executed a nation-wide programme for the
prevention and control of air pollution.
Coordinate the activities of the State Boards and resolve dispute
among them.
Provide technical assistance and guidance to the State
Boards.
Collect, compile and publish technical and statistical data
relating to air pollution and measures devised for its
effective prevention and control.

48. State Pollution Control Board
 authorized to exercise the powers and performs the functions for the prevention and
control of air pollution. Like CPCB it is also responsible for the implementation of
legislation relating to prevention and control of environmental pollution but their
powers and functions are different.
SPCB is constituted under section
Prevention And Control of Pollution
4 of Water
was also

49. The functions of State Boards under the Air
Act
The functions of the State Board, as specified in
Sec.17,shall be:-
To advise the State Government on any matter concerning the
prevention, control or abatement of air pollution.
To collaborate with the Central Board in organising the training
of persons engaged or to be engaged in programmes relating to
prevention and control of air pollution and to provide mass
education programmer relating thereof.
To advise the State Government with respect to the suitability of
any premises or location for carrying on any industry which is
likely to cause air pollution.
Toprovide various standards for the emissions of different
industrial plants with regard to quantify and composition of
emissionof air pollutant into the atmosphere.

50. Penalties
The 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.
Whoever is founded to be work against the clauses of the
Act or any order or direction issued is punishable with
Rs.10,000 in case of three months and if in case offence is
continue then extra Rs.5000 is charged for everyday.

52. NATIONAL GREEN TRIBUNALACT
 National Green Tribunal Act ,2010 is an act of the
Parliament Of India which enables creation of a special
tribunal or body to handle the efficient disposal of the cases
related to environmental issues.
 It is inspired from India’s constitutional provision of Article
21, which assures the citizens of India the right to a healthy

53. The act aims at efficient solving of cases
related to environmental pollution and
giving reliefand compensation for
damages to persons and property and for
matters connected therewith

54. Initially, the NGT is proposed to be set up at five places of
sittings and will follow circuit procedure for making itself more
accessible; New Delhi is the Principal Place of Sitting of the
Tribunal and Bhopal, Pune, Kolkata, Allahabad and Chennai
shall be the other place of sitting of the Tribunal.

55. There lie many reasons behind the setting up of this tribunal.
After India's move with Carbon credits, such tribunal may play a
vital role in ensuring the control of emissions and maintaining
the desired levels. This is the first body of its kind that is
required by its parent statute to apply the "polluter pays"
principle and the principle of sustainable development.

56. The tribunal is mandated to make and endeavor for disposal of
applications or appeals finally within 6 months of filing .
New Delhi is the principal place of sitting of the tribunal
.
This court is special because India is the third country
following Australia and New Zealand to have such a
system .

57. During the Rio de Janeiro summit of United Nations
Conference on Environment and Development in June 1992,
India vowed the participating states to provide judicial and
administrative remedies for the victims of the pollutants and
other environmental damage.
On 18 October 2010, Justice Lokeshwar Singh Panta became its first
chairman.Currently it is chaired by Hon'ble Mr. Justice Swatanter
Kumar.

58. •It is a specialized body equipped with necessary expertise to
handle environment disputes involving multi- disciplinary
issues.
• The tribunal provides –
a) Relief and compensation to the victims of pollution and
other environment damage for restitution of property
damaged

59. JURISDICTION
The NGT has the power to hear all civil cases relating to
environmental issues and questions that are linked to the
implementation of laws listed in Schedule I of the NGT Act.
These include the following
The Water (Prevention and Control of Pollution) Act, 1974;
•The Water (Prevention and Control of Pollution) Cess Act,
1977;
• The Forest (Conservation) Act, 1980;
• The Air (Prevention and Control of Pollution) Act, 1981;
• The Environment (Protection) Act, 1986;
•This means that any violations pertaining only to these laws, or
any order / decision taken by the Government under these laws
can be challenged before the NGT.

61. YAMUNA CONSERVATION ZONE
In April 2014,The NGT recommended the
Government to declare a 52km stretch of Yamuna
in Delhi &Uttar Pradesh as a conservation zone.

62. BAN ON OLD DIESEL VEHICLES
An attempt to minimize air pollution in Delhi
&NCR PM 2.5 particles have reached alarming
level. As per this order 10 years old vehicle aren’t
allowed to ply.