Environmental Compliance & Enforcement in India

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Environmental Compliance & Enforcement in India

  1. 1. ENVIRONMENTAL COMPLIANCE & ENFORCEMENT IN INDIA Presentation by- Sarah Thomas & Gretta Castelino UID- 138124 138104
  2. 2. Objective of the paper  To identify and critically analyse the role of major environmental compliance and enforcement bodies to address the various environmental challenges faced in India  To delve into the larger area of whether new bodies being continually created will improve compliance & enforcement or is it just ‘old wine in new wineskins’
  3. 3. OUTLINE  History  Regulatory Authorities- Need and Inception  Pollution Abatement in India  Case Studies  Key Challenges and Recommendations  Conclusion
  4. 4. HISTORY  International Commitments  Legal Front  Executive Action  Judicial Verdicts
  5. 5. Early 1980s Forest Conservation Act & Enactment of Air Act Department of Environment expanded into the MoEF WORLD CONSERVATION STRATEGY REPORT Creation of Department of Environment Awareness of sustainable development STOCKHOLM CONFERENCE, 1972 WATER (PREVENTION & CONTROL OF POLLUTION) ACT; 1974
  6. 6. Right to Life Enactment of Public Liability Insurance Act, 1991 Provision of immediate relief to victims of chemical accidents Basel Convention MoEF notified rules to regulate handling of hazardous wastes Brundtland Commission Need for Sustainable Development
  7. 7. “Polluter Pays Principle” & “Precautionary Principle” 2010 National Environmental Assessment & Monitoring Authority
  8. 8. •Established under Water (Prevention and Control of Pollution) Act, 1974 •Abatement of Pollution PCBs •Set up by Environment Impact Assessment Notification, 2006 (first issued in 1994), under the Environment Protection Act 1986 •Green Clearance EIAA •Set up on Supreme Court Order in 2009 •AfforestationCAMPA •Set up on the basis of NGT Act, 2010 •Criminal Prosecution of offendorsNGT • To be set up on a 2013 Supreme Court Order •Overarching second step of monitoringNEAMA Regulatory Authorities
  9. 9. Regulatory Authorities PCBs • Can impose only administrative sanctions EIA • Deadlines- Too Short or Too Long CAMPA • Funds Disbursal NGT • Accessibility NEAMA • Outsourcing environmental decisions
  10. 10. National Environmental Appraisal and Monitoring Authority (NEAMA) Purpose Stages of establishment New body NEAMA Origin Failure of Existing institutions to ensure adequate monitoring and compliance Need identified by the Supreme Court of India for a new and autonomous regulator Role Not explicitly defined. Will be decided by the executive, and will not be way different than objectives of existing institutions Creation Deadline to be established- March 31st. Now doesn't everyone know that elections are a little after that, and the environmental lobby has to be pleased?!
  11. 11. Pollution Abatement in India  Air Pollution  Water Pollution
  12. 12. AIR POLLUTION
  13. 13. Water Pollution
  14. 14. Case Study 1: Goshree Island Development Project, 1994
  15. 15. Case Study 2: Sterlite Industries India Ltd. 1995 •First EC without EIA 2003 •On site inspection by MoEF 2013, March 30 •Closure Order 2013, May 31 •NGT advised Sterlite to take additional anti- pollution measures
  16. 16. Key Challenges and Recommendations Challenge Recommendation Credible Enforcement Deterrents Empower PCBs to impose penalty Compliance Assurance Uniform definition of compliance Role of Local Committees NGOs submit public hearing reports Transparency in Regulation Online publishing of all notifications and reports Balance Economic Growth and Ecological Sustainability National Green Accounting with social inclusiveness as indicator Interagency Co-ordination Strengthen Existing Institutional Infrastructure
  17. 17. Conclusion
  18. 18. THANK YOU!!! 

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