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Acts air water-forest_and_wildlife
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2. Environmental Impact
Analysis (EIA)
Module-5 Environmental Impact Assessment
Introduction to environmental impact analysis. EIA guidelines, Notification of
Government of India (Environmental Protection Act – Air, water, forest and wild life).
Impact assessment methodologies. Public awareness. Environmental priorities in India
and sustainable development.
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3. 1. Wildlife (protection) Act, 1972
Objectives:
to protect and preserve wildlife.
to preserve the biodiversity.
to maintain the essential ecological process.
to establish wildlife national park & sanctuaries.
to prepare endangered Wildlife list.
Importance of this act:
Legal protection has been extended to wild animals, bird species and plant species.
The needs of tribals and conservation of wildlife goals are harmonized.
Hunting of wild animals prohibited and no arms licence to people nearby sanctuary.
Rights concerning land within sanctuaries permitted.
Establishment of central zoo authority.
Transport of wildlife and plants restricted.
Immunization of livestock.
Administrative framework revamped.
Criminal investigation geared; Penalties enhanced.
Reward to persons assisting detection of offence.
Greater role in wildlife protection for central Government.
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4. 2. Forest (Conservation) Act, 1980; amendment in 1992
This act deals with the conservation of forests and related aspects.
Except J & K, the act is adopted all over India.
The Act covers all types of forests including reserved forests, protected forests or any forested
land irrespective of its ownership.
Objectives:
To protect & conserve the forests (Trees, Plants, Grass, Honey, Minerals, Rock, Wild animals,
etc.).
To ensure judicious use of forests products.
The salient features of the Act are as follows:
(i) The State Govt. has been empowered under this Act to use the forests only for forestry
purposes.
If at all it wants to use it in any other way, it has to take prior approval of central
Government, after which it can pass orders for declaring some part of reserve forest for
non-forest purposes (like mining) or for clearing some naturally growing trees and
replacing them by economically important trees (reforestation, biofuels, etc.).
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5. (ii) It makes provision for conservation of all types of forests. For this purpose, there is an
Advisory committee which recommends funding for it to the Central Government.
(iii) Any illegal non-forest activity within a forest area can be immediately stopped under this
Act.
Non-forest activities include clearing of forest land for cultivation of any type of plants/crops
or any other purpose (except reforestation).
However, some construction work in the forest for wildlife or forest management is
exempted from non-forest activity (e.g. fencing, making water-holes, trench, pipelines, check
posts, wireless communication, etc.).
(iv) Cultivation of tea, coffee, spices, rubber and plants, which are cash crops, are included
under non-forestry activity and not allowed in reserved forests. Plantation of mulberry for
rearing silkworm is considered a non-forest activity.
(v) Any proposal sent to central government for non-forest activity must have a Cost-benefit
analysis and Environmental impact statement of the proposed activity with reference to its
ecological and socio-economic impacts.
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6. 3. Water (pollution prevention and control) Act, 1974
Objectives
To prevent and control water pollution and maintaining/restoring the wholesomeness of water by
preventing and controlling its pollution.
Creating Boards for the above purpose.
Central Pollution Control Board (CPCB) consists of:
A full-time chairman having specialised knowledge
Maximum of 5 central government officials from different dept.
Maximum of 5state board members from each state
Maximum of 3 non-officials representing agriculture, fishery or any industry.
Two representatives of central government owned companies or corporations.
Functions: Advises the central government in matters related to preventing and controlling water
pollution.
• Provides for maintenance & restoration of water quality.
• Provides technical assistance for the establishment of central and state boards for pollution control.
• Confers them with powers and functions to control pollution.
• Prepares manuals for treatment and disposal of sewage.
• Lay down standards for water quality parameters
• Organizes training programs for prevention and control of pollution
• Organizes programs on pollution related issues through mass media. 6
7. State Pollution Control Board (SPCB):
Either a full-time or part-time chairman having special knowledge
Maximum of five state government officials
Maximum of five representatives from among members of local authorities
Maximum of three non-officials representing agriculture, fishery or industry
Two representatives of State Government companies or corporations.
Powers:
Every industry has to obtain consent from the board.
• Power to enter and inspect any plant, record, register, document and conduct search of a place if the
authority has reason to believe that an offence under this Act has been committed
• Power to monitor the discharge of sewage or industrial effluents and to impose conditions with regard
to discharge (establish CETPs).
Remedial Measures
• The board has powers to take appropriate remedial action which includes restraining or prohibiting a
person from discharging polluting matters.
• For punishable offences, the board has to make an application to a court not lower than that of a first-
class Magistrate.
Penalties
• Imprisonment for a period extending to 3 months or fine up to Rs. 5000 or both In case of continuing
violations. An additional fine extending to Rs. 1000 per day of violation. 7
8. 4. The Air (prevention and Control of pollution) Act, 1981
Objectives:
1. Prevention/control and abatement of air pollution
2. Creating Boards of the above purposes
Authorities under various legislation:
Central Pollution Control Board: CPCB for the prevention and control of Air pollution
State Pollution Control Board: State Board for prevention and control of Air pollution
Functions
to advise, plan and execute national wide programmes
provide technical assistance and guidance to carry out investigations and organise the training of
persons
to collect, compile and publish technical and statistical data
to prepare manuals, codes or guides regarding prevention, control or abatement of air pollution.
lay down standards for quality of air
to establish or recognise laboratories for the above purpose.
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9. Power of the authorities
1. Power to declare air pollution control areas
2. Power to give instructions to authorities under the Motor vehicle Act,
regarding standards for automobile emissions
3. Restrict industrial operations in air pollution control areas.
4. Power to enter any place & inspect for compliance with provisional of the Act
5. Power to take air or emission samples for analysis.
Remedial measures
In case of emergencies due to accidents or unforeseen events, causing pollution in
pollution control areas, the Board has power to take appropriate action.
Penalties
Imprisonment which may extend to 3 months or fine up to Rs. 10,000 or both. In case of
continuing offences Rs. 100 for every day.
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