The document outlines the historical development of environmental regulations in India and globally, highlighting significant periods and international agreements from pre-1900 to the present day. It discusses roles of key Indian environmental authorities such as the Ministry of Environment and Forests (MoEF), Central Pollution Control Board (CPCB), and State Pollution Control Boards (SPCB) in managing pollution and enforcing regulations. The document also addresses specific environmental issues including air, water, and land pollution, along with relevant legal frameworks and regulatory measures in place to combat these challenges.

1. Prepared by:-
Gagan Gupta (16152004)
Kamsani Abhiram (16152007)
Roshan Kumar Patel (16152015)
Eco Friendly Mining
• HISTORICAL CONCEPT OF THE
DEVELOPMENT OF ENVIRONMENTAL
LAW IN INDIA AND THE WORLD
• ROLES OF MoEF, CPCB AND SPCB
• 5 IMPORTANT POINTS ON AIR, WATER
AND LAND POLLUTION FROM INDIAN
ENVIRONMENTAL REGULATIONS

2. 1. The ‘traditional era’ until about 1970 (i.e., preceding the 1972 United
Nations Stockholm Conference on the Human Environment (UNCHE),
which is sometimes sub-divided into a pre-1945 and a post-1945 period.
2. The formative ‘modern era’ from Stockholm to the 1992 United Nations
Conference on Environment and Development (UNCED) in Rio de Janeiro.
3. The ‘post-modern era’ which is divided into Rio 1992 to 2012 United Natio
-ns Conference on Sustainable Development (UNCSD) by brazil in Rio and
2012 to Present.
Concept of development of Environmental Regulations
in the World

3. Prior to 1900: Before 1900 there were few multilateral or bilateral agreements
concerning international environmental issues. Relevant international agreements were
based on unrestrained national sovereignty over natural resources and focused primarily
on boundary waters, navigation, and fishing rights along shared waterways.
By the 1900s and 1945s, the world recognized the importance of conserving natural
resources and negotiated several agreements to protect fauna and flora generally. These
include the 1933 London Convention on Preservation of Fauna and Flora in Their
Natural State (focused primarily on Africa), and the 1940 Washington Convention on
Nature Protection and Wild Life Preservation
.
1945-1972: During the 1950s and early 1960s, the international community was
concerned with nuclear damage from civilian use (a by-product of the Atoms for Peace
Proposal) and marine pollution from oil. Thus, countries negotiated agreements
governing international liability for nuclear damage and required measures to prevent
oil pollution at sea.

4. From 1972-1992: Development of Basic Framework
This period begins with the 1972 United Nations Conference on the Human Environment and i
ncludes the many developments that took place up until the 1992 United Nations Conference o
n Environment and Development.
Compared to the traditional period, the number of multilateral environmental agreements mor
e than doubled during the 20 years from Stockholm to Rio.
The subject area of treaties expanded, from the classical risks of natural resource scarcity and
extinction (addressed by the 1973 Convention on International Trade in Endangered Species of
Wild Fauna and Flora57 and by the 1979 Convention on the Conservation of Migratory Specie
s of Wild Animals)58 to the new man-made risks of industrial pollution and resource degradati
on by hazardous substances or activities (addressed by the 1985 Vienna Convention on the Pro
tection of the Ozone Layer and its 1987 Montreal Protocol59 and by the 1989 Basel Conventio
n on the Transboundary Movements of Hazardous Wastes and Their Disposal), International At
omic Energy Agency conventions adopted in the wake of the Chernobyl nuclear radiation disas
ter.

5. From 1992-2012 & Onwards: Maturation and Linkage
This period begins with the United Nations Conference on Environment and Development and
then analyses developments during the almost two decades following the Conference.
The developments can be grouped as follows:
 The linkage of international environmental law with other areas of law - namely, internatio
nal economic law, human rights law, and national security law.
 The rise of actors other than States in shaping international environmental law, namely the
multilateral development banks through their policies and procedures, the private sector thr
ough voluntary codes of conduct and green standards, public-private partnerships, and stoc
kholder efforts, and nongovernmental organizations and civil society generally through div
erse means.
 The development and refinement of new international principles and rules of international
environmental law and the increase in no legally binding instruments.
 A new emphasis on implementation of and compliance with international environmental ag
reements.

6. The United Nations Conference on Sustainable Development (UNCSD) also known as Rio 20
12, Rio+20 (Portuguese pronunciation or Earth Summit 2012 was the third international confe
rence on sustainable development aimed at reconciling the economic and environmental goals
of the global community.
The conference had three objectives:
 Securing renewed political commitment for sustainable development
 Assessing the progress and implementation gaps in meeting previous commitments.
 Addressing new and emerging challenge

7. Concept of development of Environmental Regulations in India
 The first phase can be dated back to Pre-Vedic age, when the Manusmriti is supposed to be
created. The society at that time respected and even prayed the environment, as the compo
nents of environment like animals, trees had considerable importance in our ancient texts.
 In Second phase, The constitutional aspects of environmental protection in India can be cla
ssified into two categories. Such as,
 1. Pre Forty Second Constitutional (Amendment) Act, 1976; and
 2. Post Forty Second Constitutional (Amendment) Act, 1976.
1. Pre Forty Second Constitutional (Amendment) Act, 1976.
Initially, the Constitution of India did not contain a specific provision for the protection and
preservation of the environment. However, the division of and distribution of the legislative co
mpetence played a significant role to deal with environmental related issues; such as, industrie
s, mining and minerals, oil and oil industries, water, fishing, agriculture, public health and sanit
-ation.

8. Concept of development of Environmental Regulations in India
2. Post Forty Second Constitutional (Amendment) Act, 1976
India was an active participant in the Stockholm Declaration (UNCHE) & former Prime M
inister of India, late Mrs. Indira Gandhi, who had actively participated and stressed the imp
ortance and need for environmental protection.
Most of the laws were codified by the British in the second half of the 19th century. . Simil
arly many environment protection oriented legislation like the Shore Nuisance Act1853, In
dian Forests Act, 1865, Wild Birds and Animals protection Act, 1912 ,Explosive Substance
Act, 1908 , The Poison Act,1919. The objective of these laws was to protect the environme
nt by preventing discharge of polluting substances, by limiting or banning their discharge,
and the objective was also to prevent hunting, poaching and tree felling.

9.  The third phase of environment legislations began in India, when the Supreme Court
over ruled the principle of Strict Liability (Ryland's v Fletcher) and formulated the pri
nciple of Strict Liability in the case of MC Mehta v Union of India in 1987, which say
s that for every non natural use of land, by bringing a hazardous thing on that land, an
d if that escapes even without fault of defendant, the defendant is absolutely liable for
its escape and defences are very less. During this phase, the concept of filing a public
interest litigation for environment related causes, where anyone could approach the co
urts to stop an activity causing environmental degradation. Also there are parameters l
ike Environment Impact Assessment, Environment Management Plan which every in
dustry have to make and follow.

10. Roles of MoEF
 Conservation and survey of flora, fauna, forests and wildlife
 Prevention and control of pollution
 Afforestation and regeneration of degraded areas
 Protection of the environment
 Ensuring the welfare of animals

11. Roles of CPCB
 Roles of the Central Board at the National Level
• Advise the Central Government on any matter concerning prevention and con-tro
l of water and air pollution and improvement of the quality of air.
• Plan and cause to be executed a nation-wide program for the prevention, co-ntrol
or abatement of water and air pollution.
• Co-ordinate the activities of the State Board and resolve disputes among them.
• Provide technical assistance and guidance to the State Boards, carry out and spon
sor investigation and research relating to problems of water and air poll-ution, an
d for their prevention, control or abatement.
• Plan and organise training of persons engaged in programme on the prevention, c
ontrol or abatement of water and air pollution.

12. • Organise through mass media, a comprehensive mass awareness programme o
n the prevention, control or abatement of water and air pollution.
• Collect, compile and publish technical and statistical data relating to water and
air pollution and the measures devised for their effective prevention, control or
abatement.
• Prepare manuals, codes and guidelines relating to treatment and disposal of se
wage and trade effluents as well as for stack gas cleaning devices, stacks and d
ucts.
• Disseminate information in respect of matters relating to water and air pollutio
n and their prevention and control.
• Lay down, modify or annul, in consultation with the State Governments conce
rned, the standards for stream or well, and lay down standards for the quality o
f air.
• Perform such other function as may be prescribed by the Government of India.

13.  Roles of the Central Board as State Boards for the Union Territori
es:
• Advise the Governments of Union Territories with respect to the suitability of
any premises or location for carrying on any industry which is likely to pollute
a stream or well or cause air pollutions
• Lay down standards for treatment of sewage and trade effluents and for emissi
ons from automobiles, industrial plants, and any other polluting source
• Evolve efficient methods for disposal of sewage and trade effluents on land
• develop reliable and economically viable methods of treatment of sewage, trad
e effluent and air pollution control equipment
• Identify any area or areas within Union Territories as air pollution control area
or areas to be notified under the Air (Prevention and Control of Pollution) Act,
1981
• Assess the quality of ambient water and air, and inspect wastewater treatment i
nstallations, air pollution control equipment, industrial plants or manufacturing
process to evaluate their performance and to take steps for the prevention, cont
rol and abatement of air and water pollution.

14. Roles of SPCB
• Planning a comprehensive programme for prevention, control and abatement of
pollution of streams and wells.
• Advising the State Government regarding water pollution control or location of i
ndustries.
• Conducting and encouraging investigations and research relating to different asp
ects of water pollution.
• To collaborate with the Central Board for training personnel for handling water p
ollution programmes and organising related mass education programmes.
• Inspecting trade effluents and waste water treatment plants.
• Evolving economical and reliable methods of disposal, treatment and reuse of w
aste water (in agriculture).
• Making, varying or revoking any order for preservation or control of discharge o
f waste into streams and wells or construction of systems for disposal of effluent
s.
• Establishing or recognising laboratories for analysis of samples.
• Performing such functions as may be entrusted by Central Board or State govern
ments.

15. VARIOUS REGULATORY BOARDS FOR PREVENTION
AND MONITORING OF AIR POLLUTION
Acts
•No.14 of 1981, [29/3/1981] - The Air (Prevention and Control of Pollution) Act 1981, amended 1987
Rules
•G.S.R.6(E), [21/12/1983] - The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
•G.S.R.712(E), [18/11/1982] - The Air (Prevention and Control of Pollution) Rules, 1982
Notifications
•Revised National Ambient Air Quality Standards, Notification
•G.S.R.935(E), [14/10/1998] - Ambient Air Quality Standard for Ammonia (NH3)
•G.S.R.389(E), [23/9/1994] - CPCB re-established labs in Delhi, Calcutta, Vadodara and Kanpur
•S.O.1032(E), [12/12/1989] - Constitution of the Appellate Authority for the Union Territories
•G.S.R.429(E), [10/2/1989] - Declaring the UT of Dadra and Nagar Haveli as air pollution control area
•G.S.R.382(E), [28/3/1988] - The Date on which the Air Amendment Act of 1987 came into force
•G.S.R.71(E), [1/2/1988] - Declaring the UT of Chandigarh as air pollution control area
•G.S.R.54(E), [25/1/1988] - Declaring the UT of Pondicherry as air pollution control area
•G.S.R.106(E), [20/2/1987] - Declaring the UT of Delhi as air pollution control area
•G.S.R.351(E), [15/5/1981] - The Date on which the Air Act of 1981 came into force

16.  Declaration of air pollution control area
 Standards for quality of air
 Restriction on use of certain industrial plants
 Power of entry, inspection, obtain information and collect the sam
ples
 Penalties for not following the laws

17. Declaration of air pollution control area
UT’s – Delhi, Chandigarh, Dadra and Nagar Haveli and Pondicherry
Has the power to ban any fuel that causes excess air pollution
India banned leaded petrol in March 2000

18.  Can prohibit burning of any material.
Burning of waste would cost a fine up to Rs5000/- acc. to NGT act.

19. Sets standards for quality of AIR

21. VARIOUS REGULATORY BOARDS FOR PREVENTION
AND MONITORING OF WATER POLLUTION
Acts
•No.36 of 1977, [7/12/1977] - The Water (Prevention and Control of Pollution) Cess Act, 197
7, amended 1992 ,
•No. 19 of 2003, [17/3/2003] - The Water (Prevention and Control of Pollution) Cess (Amend
ment) Act, 2003.
•No.6 of 1974, [23/3/1974] - The Water (Prevention and Control of Pollution) Act, 1974, ame
nded 1988

22. Rules
•G.S.R.860(E), [30/11/2012] - The Central Pollution Control Board (Qualifications and other T
erms and Conditions of Service of Chairman) (Amendment) Rules, 2012.
•G.S.R.840(E), [22/11/2012] - The Central Pollution Control Board (Member-Secretary, Terms
and Conditions of Service and Recruitment) Rules, 2012.
•G.S.R.830(E), [24/11/2011] - The Water (Prevention and Control of Pollution) Amendment R
ules, 2011.
•G.S.R.378(E), [24/7/1978] - The Water (Prevention and Control of Pollution) Cess Rules, 197
8
•G.S.R.58(E), [27/2/1975] - The Water (Prevention and Control of Pollution) Rules, 1975
•Central Board for the Prevention and Control of Water Pollution (Procedure for Transaction of
Business) Rules, 1975 amended 1976

23. Effluent standards for coal mine
The standards for effluent discharge into sewer or stream or land, are given belo
w:
pH – 5.5 to 9.0 mg/l
Chemical Oxygen Demand (COD) – 250 mg/l
Total Suspended Solids (TSS) – 100 mg/l 200 mg/l
(Land for irrigation)
Oil & Grease (O & G) – 10 mg/l
(Monitoring frequency of these parameters shall be once in a fortnight)

24. Prohibition on use of stream/well to dispose
polluting matter
GANGA River conservation has formed in all the states where the river
passes by --- NATIONAL GANGA RIVER BASIN AUTHORITY

26. Soil erosion on the banks

27. NATIONAL GANGA RIVER BASIN AUTHORITY
 Prevention, control and abatement of pollution in the river GANGA
to maintain its water quality and to take such other steps to
maintain its ecology and management in GANGA river basin states
 Maintenance of minimum ecological flows
 Collection, analysis and investigations of environmental pollutions

28. RESTRICTION ON NEW OUTLETS AND NEW DISC
-HARGES
 Power to give consent to establish to any industry , operation or proc
ess
 Details about the nature and composition, rate of discharge ,
temperature is to made

29. There is no specific legislation which deals in regulation of land
pollution or which gives it a definite scope and
meaning.
• Forest Conservation Act 1980
• Hazardous Waste Rules 2008
• Plastic manufacture sales and usage Rules 1999
• The municipal solid waste rules 2000
• Batteries rules 2001
Land Pollution

30. Causes and Effects:
Caused due to dumping and improper disposal of industrial & domestic w
aste along with semi-solid waste resulting from agriculture.
Dumping of industrial waste and municipal solid wastes not only serio
usly affects the productivity of the land but also affects the purity of the
ground water by letting toxic substances leach and seep into the soil, and f
urther are the major sources of land pollution. Municipal solid waste is an
other major reason for pollution.
It consists of both commercial and domestic wastes including dried sludg
e and sewage.
It also includes refuse which mainly contains garbage including food
wastes, rubbish like papers, glasses, metallic cans, plastics etc.

31. Hazardous and other waste management
For the management of hazardous and other wastes, an
occupier shall follow the following steps, namely:-
(a) Prevention
(b) Minimization
(c) Reuse
(d) Recycling
(e) Recovery, utilisation including co-processing
(f) Safe disposal

32. IMPORT AND EXPORT OF HAZARDOUS AN
D OTHER WASTES
Strategy for Import and export of hazardous and other wastes.
No import shall be done for disposal.
Permission is granted only for recovery, recycling, reuse and utilizati
on.
Export shall be done with permission.

33. Plastic Manufacture Sales and Usage Rules, 1999
These rules are enacted to prohibit the use of carry bags or containers ma
de of recycled plastics for storing, carrying, dispensing or packaging of f
oodstuffs. These rules further prescribe conditions for manufacturing of c
arry bags and containers of plastics. No person should engage in manufa
cturing of plastic bags less than 8 * 12 Inches in size and min. thicknes
s of 20 microns.
No vendor should use such plastic bags for storing, carrying, dispe
nsing foodstuffs.

34. The Municipal Solid Waste Rules, 2000
Municipal Solid Waste includes commercial and residential wastes gen
erated in municipal or notified areas in either solid or semi solid form e
xcluding industrial hazardous waste but excluding treated bio-medical
wastes.
Littering and spilling of such waste in the cities, town and in urban are
as is prohibited.
For this purpose there should be a house-to-house collection of mu
nicipal wastes, devising collection of waste from slums and such areas
including hotels, offices and commercial areas, collection of waste
from slaughter houses, meat & fish markets, vegetable markets sh
ould be devised, segregation of municipal waste form other kinds
, construction waste shall be separately collected, waste shall not be b
urnt.

35. Batteries (Management and Handling) Rules, 2001
Battery is defined as lead acid battery which is a source of electrical
energy and contains lead metal.
Collecting back the batteries sold, ensuring segregation of same
batteries together, ensuring sending of such batteries only to regi
stered recyclers, ensure awareness amongst public and environme
ntal protection.

36. REFERENCES
• Edith Brown Weiss, Georgetown University Law Centre, The Evolution of
International environmental laws.
• Peter H. Sand, The History and Origin of International Environmental Law:
Introduction
• Indian Environmental (Protection) Rules, 1986
• Environmental law Britannica Online Encyclopaedia
• A. Dan Tarlock, History of Environmental Law
• MoEF Website, www.moef.com
• CPCB Website, www.cpcb.com

37. Any queries…..!!!