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Environmental acts and Legislation
Prepared by:
Prof. Karm Balar
 Necessity of Environmental Legislation
 Major Environmental Acts in India
 Forest & Environmental Department
(Govt. of Gujarat)
 Environmental Awareness
 Environmental Ethics
India makes provision for Environmental protection:
1. Fundamental Rights
2. Directive principals of state policy
3. Fundamental Duties
Consititution was amended in the year 1976 and Article 48-A
was added which states that:
“The state shall endeavour to protect and improve the
environment and to safeguard the forest and wild life of the
country.”
As a fundamental duty to be observed by every citizen in the
Article 51-A(g):
“To protect and improve the natural environment including
forest, lacks, rivers and wild life and to have compassion for living
creatures.”
 It protects environment by punishing offenders.
 It protects the resources from abuses.
 Encourage the restoration of the environment.
 It restricts emission or discharge of the
environmental pollutants in excess of the
standards.
 It ensures smooth solution of conflicts.
 It serves as guidelines for industries:
-to select non-objectionable raw materials for their
processes.
-to make improvement in manufacturing
processes.
 The Water(prevention and control of pollution) Act,1974.
 The Air (prevention and control of pollution) Act, 1981.
 The Environmental (protection) Act, 1986.
 Wildlife protection Act,1972.
 The Forest (Conservation) Act, 1980.
 The Motor vehicles Act,1988.
 The main Function of
MOEF:
1. Environmental policy
planning and research.
2. Clearance for environ-
mental projects.
3. Biosphere reserve
programme.
4. Implementation of
legislation.
5. Monitoring and control
pollution.
 Objective of this act: maintain or restoring wholeness of
water ,establishment of board for prevention and control
water pollution.
 Construction of central board: A full time chairman to
be nominated by central Gov., not more than 5 officials
nominated by the central Gov.
 Function of central board
 Function of state board
 Power of state and central boards
 Penalties for violation of the provision of the act
 The objective of this act : it is presentation, control and
abatement of the air pollution , maintain the quality of air.
 Constitution of the board : A state board constituted under
the act consists of the following 17 members – all nominated
by the state government-a full time or part time chairman ,
five official members to represent the government , three
non-official members.
 Function of the central board : to improve the quality of air,
to prevent , control and abate air pollution in the country, to
advise the central Govt. on any matter concerning the
important of the quality of air.
 Function of the state boards : To plan a comprehensive
programme for prevention and control of air pollution
and implement the same , to establish or recognize
laboratories, to advise the state Govt. on any matter
concerning air pollution.
 Power of board: powers to declare air pollution
control areas, power to entry and inspection,
establishment of state air laboratory , power to take
samples of air or emission.
 Penalties : main drawback of these acts lies in the fact
that the defaulter is given 60 days notice before taking
him to court as by the time the case is filed in the court,
the offender may destroy the evidence.
 Fertiliser industries
 Coal and lignite based industries
 Engineering industries
 Foundries
 Food and agricultural products industries
 Mining industries
 Ferrous metallargical industries
 Power plants(coal , petroleum based)
 Textile processing industries
 Paper and pulp industries
 Petroleum refineries, etc.
• Power of central government :laying down standard of
the quality for air, water ,land ; establishment of
environmental laboratories & institutions.
• Objective: is protection and improvement of environment
, prevention of hazards to all living creatures(humans ,
animals , plants)
 Penalties : -If any one failing to comply with any of the
provision of the act , shall be punishable with
imprisonment for a term which may extend up to 5 years
or with fine which may extend
to 1 lakh rupees or both.
 This act provides for protection of birds ,animals
and plants and for all matter that are connected to
it . This act was amended in 1991.
DUTIES OF WILD LIFE ADVISORY BOARD
 Selection of areas to be declared as sanctuaries ,nation
parks.
 Formulation of the policy for protection and conservation
of the wild life and specified plants.
PROHIBITION OF HUNTING
 If any chief life warden is satisfied that any wild animal has
become dangerous to human life or diseased to be beyond
recovery.
 The killing or wounding in good faith of any wild animal in
self defense of any other person shall not be an offence.
 The killing or wounding in good faith of any wild
animal in self defense of any other person shall not be
an offence.
 PERMIT FOR HUNTING
 The chief wildlife warden ,by an order in writing
stating the reason there of and on the payment of the
prescribed fee, may grant a permit to any person
 Education
 Scientific research and management
 collection of specimens
 collection of snake-venom for the manufacture of life
saving drugs.
 THE FOREST ACT ,1980
 The forest policy ,1952 enunciated that one third of the
geographical area of country should be under forests.
 However ,there has been continuous deforestation in our
country.
 This act was amended in 1988.
The main provision of this act are:
Under this act ,prior approval of central govt. is required
before any reserved forest is declared as dereserved .
To control shifting cultivation and encroachment.
When non forest land are available compensatory
afforestation be raised over equivalent area of non-forest
land.
All critical areas in hill ,sleep slopes, catchment areas under
erosion must be protected and quickly afforested.
 Gujarat Ecology commission(GEC) was established
Wide Resolution No.ENV-1090-GOI-122-P,
dated 29.10.92.
 To arouse a collective ecological consciousness among the
people of Gujarat and to develop a conservation ethos in
the state that would militate against ecological degradation
anywhere in the state and strive to restore the ecological
rebalance through peoples organized action.
 The objectives of Gujarat Ecology Commission are:
 To provide an organisation that plans and works for
restoration of ecologically degraded areas to ensure the
ecological health of Gujarat systematically and holistically.
.
To create institutions and organisations necessary for
achieving the objectives of G.E.C.
To act as the state’s single umbrella for accreditation of
various NGOs eligible for funding for activities aimed at
ecological restoration of degraded ecosystems and
allocation of funds to various non-government agencies for
programmes of ecological restoration including project
implementation , recherché and extension.
 The commission has carried out studies , some of which
are:
- Desertification in north & northwest Gujarat.
- Spread of salinity around the Gulf of Kham hat.
- Biological diversity of Gujarat: the current knowledge.
 GEC entrusted with the tasks of preparing state
Environment Action programme and administering NGO
Environment Act on fund under the world bank’s project
on Environment Management Capacity Building Technical
Assistance Project.
 Managing climate change is a major challenge to humanity.
To tackle it , Gujarat has established a separate Department
for Climate change. This initiative by Gujarat Government is
a trendsetter not only for India but for the whole of Asia as
it is the “First in Asia” with a Department for Climate
Change.
 It is the only 4th state/province in the world to have a
Department for Climate change.
 Set up in February 2009,the Department is headed by CM
Narenda Modi to handle issues of Climate change.
 The initiative is to give a human face to environmental
issues; empower people to become active agents of
sustainable development; promote an understanding that
communities are
pivotal to changing attitudes towards environmental issues,
and advocate partnership, which will ensure all citizens and
people in Gujarat for enjoy a safar and more prosperous
future.
 The Green priorities of DCC:
 Promote green tech
 Earn more carbon credits
 Power saving
 Preserve ground water
 Promote CNG network
 Increase mangrove cover
 Fund research in green tech
 Preparation of comprehensive multi-dimensional Climate
change policy of Gujarat state-conservation of Land ,
Water , and Air.
 Coordination with all other departments with respect to
climate change Educational curricula on Climate change
will be prepared and introduced.
Gujarat State Disaster Management Authority(GSDMA):-
INTRODUCTION:
• After earthquake on 26th January 2001, GSDMA was
established and registered as a “society” under the provision of
societies registrations act and the Bombay public trust act
•It was initially mandated to implement the gigantic task and
rehabilitation and reconstruction program in the earthquake
affected areas.
CONSTITUTION:
Section of the GSDMA act 2003 provides the constitution of the
authority. According to the authority shall consist of chairperson
and not more than fourteen other members as follows, namely.
a) The chief minister of the state ,ex-officio, who shall be the
chairperson.
b) Two minister nominated by the chief minister by virtue of their
office from amongst the the council of ministers of the state;
c) The chief secretary of the state, ex-officio;
d) The secretary to the government of Gujarat ,revenue
department, ex-officio;
e) The chief executive officer of the authority, ex-officio;
f) The state relief commissioner , ex-officio ; and
g) The director general of police of the state, ex-officio;
Environmental Awareness:-
In order to protect our environment, there is a need
to acquire awareness of sensitivity to total environment and
its allied problems. Environmental awareness and ethics are
the handy tools to fight and face the environmental crisis.
The public awareness is required about ….
1. Importance of environment.
2. The effects of degraded environment.
3. What steps are required to stop the degradation of
environment.
4. What steps are needed to improve the environment.
The public about environment can be brought about by:
1. Environmental education at primary level to all the people.
2. Environmental education in schools and colleges.
3. Mass media such as radio, television, news papers,
magazines, etc.
4. Campaigning though banners, posters, rallies, etc.
5. Slogans about protection and conservation of environment.
6. Celebrating some environmental events like world
environmental day, earth day, world forest day, etc.
Environmental act and regulaction

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Environmental act and regulaction

  • 1. Environmental acts and Legislation Prepared by: Prof. Karm Balar
  • 2.  Necessity of Environmental Legislation  Major Environmental Acts in India  Forest & Environmental Department (Govt. of Gujarat)  Environmental Awareness  Environmental Ethics
  • 3. India makes provision for Environmental protection: 1. Fundamental Rights 2. Directive principals of state policy 3. Fundamental Duties Consititution was amended in the year 1976 and Article 48-A was added which states that: “The state shall endeavour to protect and improve the environment and to safeguard the forest and wild life of the country.” As a fundamental duty to be observed by every citizen in the Article 51-A(g): “To protect and improve the natural environment including forest, lacks, rivers and wild life and to have compassion for living creatures.”
  • 4.  It protects environment by punishing offenders.  It protects the resources from abuses.  Encourage the restoration of the environment.  It restricts emission or discharge of the environmental pollutants in excess of the standards.  It ensures smooth solution of conflicts.  It serves as guidelines for industries: -to select non-objectionable raw materials for their processes. -to make improvement in manufacturing processes.
  • 5.  The Water(prevention and control of pollution) Act,1974.  The Air (prevention and control of pollution) Act, 1981.  The Environmental (protection) Act, 1986.  Wildlife protection Act,1972.  The Forest (Conservation) Act, 1980.  The Motor vehicles Act,1988.
  • 6.  The main Function of MOEF: 1. Environmental policy planning and research. 2. Clearance for environ- mental projects. 3. Biosphere reserve programme. 4. Implementation of legislation. 5. Monitoring and control pollution.
  • 7.  Objective of this act: maintain or restoring wholeness of water ,establishment of board for prevention and control water pollution.  Construction of central board: A full time chairman to be nominated by central Gov., not more than 5 officials nominated by the central Gov.  Function of central board  Function of state board  Power of state and central boards  Penalties for violation of the provision of the act
  • 8.  The objective of this act : it is presentation, control and abatement of the air pollution , maintain the quality of air.  Constitution of the board : A state board constituted under the act consists of the following 17 members – all nominated by the state government-a full time or part time chairman , five official members to represent the government , three non-official members.  Function of the central board : to improve the quality of air, to prevent , control and abate air pollution in the country, to advise the central Govt. on any matter concerning the important of the quality of air.
  • 9.  Function of the state boards : To plan a comprehensive programme for prevention and control of air pollution and implement the same , to establish or recognize laboratories, to advise the state Govt. on any matter concerning air pollution.  Power of board: powers to declare air pollution control areas, power to entry and inspection, establishment of state air laboratory , power to take samples of air or emission.  Penalties : main drawback of these acts lies in the fact that the defaulter is given 60 days notice before taking him to court as by the time the case is filed in the court, the offender may destroy the evidence.
  • 10.  Fertiliser industries  Coal and lignite based industries  Engineering industries  Foundries  Food and agricultural products industries  Mining industries  Ferrous metallargical industries  Power plants(coal , petroleum based)  Textile processing industries  Paper and pulp industries  Petroleum refineries, etc.
  • 11. • Power of central government :laying down standard of the quality for air, water ,land ; establishment of environmental laboratories & institutions. • Objective: is protection and improvement of environment , prevention of hazards to all living creatures(humans , animals , plants)  Penalties : -If any one failing to comply with any of the provision of the act , shall be punishable with imprisonment for a term which may extend up to 5 years or with fine which may extend to 1 lakh rupees or both.
  • 12.  This act provides for protection of birds ,animals and plants and for all matter that are connected to it . This act was amended in 1991.
  • 13. DUTIES OF WILD LIFE ADVISORY BOARD  Selection of areas to be declared as sanctuaries ,nation parks.  Formulation of the policy for protection and conservation of the wild life and specified plants. PROHIBITION OF HUNTING  If any chief life warden is satisfied that any wild animal has become dangerous to human life or diseased to be beyond recovery.  The killing or wounding in good faith of any wild animal in self defense of any other person shall not be an offence.
  • 14.  The killing or wounding in good faith of any wild animal in self defense of any other person shall not be an offence.  PERMIT FOR HUNTING  The chief wildlife warden ,by an order in writing stating the reason there of and on the payment of the prescribed fee, may grant a permit to any person  Education  Scientific research and management  collection of specimens  collection of snake-venom for the manufacture of life saving drugs.
  • 15.  THE FOREST ACT ,1980  The forest policy ,1952 enunciated that one third of the geographical area of country should be under forests.  However ,there has been continuous deforestation in our country.  This act was amended in 1988.
  • 16. The main provision of this act are: Under this act ,prior approval of central govt. is required before any reserved forest is declared as dereserved . To control shifting cultivation and encroachment. When non forest land are available compensatory afforestation be raised over equivalent area of non-forest land. All critical areas in hill ,sleep slopes, catchment areas under erosion must be protected and quickly afforested.
  • 17.  Gujarat Ecology commission(GEC) was established Wide Resolution No.ENV-1090-GOI-122-P, dated 29.10.92.  To arouse a collective ecological consciousness among the people of Gujarat and to develop a conservation ethos in the state that would militate against ecological degradation anywhere in the state and strive to restore the ecological rebalance through peoples organized action.  The objectives of Gujarat Ecology Commission are:  To provide an organisation that plans and works for restoration of ecologically degraded areas to ensure the ecological health of Gujarat systematically and holistically. .
  • 18. To create institutions and organisations necessary for achieving the objectives of G.E.C. To act as the state’s single umbrella for accreditation of various NGOs eligible for funding for activities aimed at ecological restoration of degraded ecosystems and allocation of funds to various non-government agencies for programmes of ecological restoration including project implementation , recherché and extension.  The commission has carried out studies , some of which are: - Desertification in north & northwest Gujarat. - Spread of salinity around the Gulf of Kham hat. - Biological diversity of Gujarat: the current knowledge.
  • 19.  GEC entrusted with the tasks of preparing state Environment Action programme and administering NGO Environment Act on fund under the world bank’s project on Environment Management Capacity Building Technical Assistance Project.
  • 20.  Managing climate change is a major challenge to humanity. To tackle it , Gujarat has established a separate Department for Climate change. This initiative by Gujarat Government is a trendsetter not only for India but for the whole of Asia as it is the “First in Asia” with a Department for Climate Change.  It is the only 4th state/province in the world to have a Department for Climate change.  Set up in February 2009,the Department is headed by CM Narenda Modi to handle issues of Climate change.  The initiative is to give a human face to environmental issues; empower people to become active agents of sustainable development; promote an understanding that communities are
  • 21. pivotal to changing attitudes towards environmental issues, and advocate partnership, which will ensure all citizens and people in Gujarat for enjoy a safar and more prosperous future.  The Green priorities of DCC:  Promote green tech  Earn more carbon credits  Power saving  Preserve ground water  Promote CNG network  Increase mangrove cover  Fund research in green tech
  • 22.  Preparation of comprehensive multi-dimensional Climate change policy of Gujarat state-conservation of Land , Water , and Air.  Coordination with all other departments with respect to climate change Educational curricula on Climate change will be prepared and introduced.
  • 23. Gujarat State Disaster Management Authority(GSDMA):- INTRODUCTION: • After earthquake on 26th January 2001, GSDMA was established and registered as a “society” under the provision of societies registrations act and the Bombay public trust act •It was initially mandated to implement the gigantic task and rehabilitation and reconstruction program in the earthquake affected areas. CONSTITUTION: Section of the GSDMA act 2003 provides the constitution of the authority. According to the authority shall consist of chairperson and not more than fourteen other members as follows, namely.
  • 24. a) The chief minister of the state ,ex-officio, who shall be the chairperson. b) Two minister nominated by the chief minister by virtue of their office from amongst the the council of ministers of the state; c) The chief secretary of the state, ex-officio; d) The secretary to the government of Gujarat ,revenue department, ex-officio; e) The chief executive officer of the authority, ex-officio; f) The state relief commissioner , ex-officio ; and g) The director general of police of the state, ex-officio;
  • 25. Environmental Awareness:- In order to protect our environment, there is a need to acquire awareness of sensitivity to total environment and its allied problems. Environmental awareness and ethics are the handy tools to fight and face the environmental crisis. The public awareness is required about …. 1. Importance of environment. 2. The effects of degraded environment. 3. What steps are required to stop the degradation of environment. 4. What steps are needed to improve the environment.
  • 26. The public about environment can be brought about by: 1. Environmental education at primary level to all the people. 2. Environmental education in schools and colleges. 3. Mass media such as radio, television, news papers, magazines, etc. 4. Campaigning though banners, posters, rallies, etc. 5. Slogans about protection and conservation of environment. 6. Celebrating some environmental events like world environmental day, earth day, world forest day, etc.