Environmental legislation, Environmental Policies of Government, Environmental Laws and International conventions.pptx

1. University of Agricultural Sciences, GKVK
Dept. of Forestry & Environmental Science
Topic : Environmental legislation, Environmental
Policies of Government, Environmental Laws
and International conventions

2. Environmental legislation
• It means a plan of action adopted by the government rationalizing
the course of action
• The environmental legislation tries to enact all the laws of
environment in a justifiable manner.
• The environmental legislation although varies from country to
country.
• Environmental legislations
 General
 Forest & wildlife
 Water
 Air

3. General
1. 1986 – Environment Protection Act :
• It was enacted under Article 253 of the Indian
constitution.
• It authorizes the central govt. to protect and improve
environmental quality, control and reduce pollution from
all sources.
• The Environment Protection Act, 1986 extends to
whole India and it came into force on 19th November.

4. OBJECTIVES OF EPA 1986
(i) It was enacted to implement the decisions which were made at
the United Nation Conference on the Human Environment held
at Stockholm in June 1972.
(ii) Coordinating the activities of various regulating agencies which
is done under the existing law.
(iii) The main task is to enact general laws for environmental
protection, which could be unfolded in areas of severe
environmental hazards. Contd…

5. (iv) Providing punishment to those who indulge in
endangering the human environment, safety and
health.
(v) The main goal for the environment should be
sustainable development and it can be regarded as
one of the goals for Environment Protection Act,
1986.
Contd…

6. The Environmental protection Act, 1986 (EPA) deals with some
of the information about the definition of the Act and these
definitions are as follows:
1. “Environment” the word environment includes water, air, land
and also the inter-relation between their existence. It also
includes human beings and other living creatures such as
plants, micro-organisms and property.
2. “Environmental Pollutants” means any substance in solid,
liquid or gaseous form which in consideration is injurious to the
health of living beings.

7. 3. “Handling” means any substance which is in the
relation of being manufactured, processed,
collected, used, offered for sale or like of such
substance.
4. “Environmental Pollution” includes the presence
of environmental pollutants in the environment.

8. 5. “Hazardous substance” includes the substance or the
preparation by which the physical-chemical property is
liable to harm the human beings or other living creatures
such as plants, microorganisms and the property.
6. “Occupier” is in the relation of factory or any other
premises which means a person who has control over the
affairs of it.

9. 1989 – The Hazardous Waste (Management & Handling)
Rules :
• This rule was made to control generation, collection, treatment,
storage and handling of waste.
• It states that occupier generating hazardous wastes shall take all
practical steps to ensure proper handling and disposal of
hazardous wastes in environment friendly manner.

10. • 1989 – The Biomedical Waste Rules to process and
proper handling of hospital waste such as segregation,
disposal, collection and treatment.
• 2000 – The Municipal Solid Waste Rules is applied to
every municipal authority responsible for the collection,
segregation, storage, transportation, processing, and
disposal of municipal solid wastes.

11. • The noise levels in any area / zone shall not exceed the
ambient air quality standards in respect of noise as
specified in the Schedule.
• The authority shall be responsible for the enforcement
of noise pollution control measures and the due
compliance of the ambient air quality standards in
respect of noise.
2000 – The Noise Pollution (Regulation &
Control) Rules.

12. FOREST AND WILDLIFE
1. 1927 – The Indian Forest Act
• Enacted on 21st September, 1927
• The Indian Forest Act was enacted to preserve and safeguard
the forests in India.
• To consolidate the law relating to forests, the transit of forest
produce and the duty leviable on timber and other forest
produce.
• Has 13 chapters and includes a total of 86 sections
altogether

13. CHAPTER I – PRELIMINARY
1. Short title and extent
2. Interpretation clause
CHAPTER II OF RESERVED FORESTS
3. Power to reserve forests
4. Notification by State Government
5. Bar of accrual of forest-rights
(Upto 27)
CHAPTER III OF VILLAGE-FORESTS
28. Formation of village-forests
CHAPTER IV OF PROTECTED FORESTS
29. Protected forests
30. Power to issue notification reserving trees, etc
(Upto 34)

14. CHAPTER V Of The Control Over Forests And Lands Not Being The Property Government
35. Protection of forests for special purposes
36. Power to assume management of forests
37. Expropriation of forests in certain cases
38. Protection of forests at request of owners
CHAPTER VI of the duty on timber and other forest-produce
39. Power to impose duty' on timber and other forest-produce
40. Limit not to apply to purchase-money or royalty
CHAPTER VII of the control of timber and other forest-produce in transit
41. Power to make rules to regulate transit of forest-produce
(Upto 44)
CHAPTER VIII of the collection of drift and stranded timber
45. Disposal of unclaimed timber
(Upto 51)

15. CHAPTER IX Penalties and procedure
52. Seizure of property liable to confiscation
53. Punishment for wrongful seizure
(Upto 69)
CHAPTER X Cattle-trespass
70-71
CHAPTER XI of Forest-officers
72-75
CHAPTER XII Subsidiary Rules
76-78
CHAPTER XIII Miscellaneous
79-86

16. •1980 – The Forest Conservation Act to
protect and conserve the forests.
•2002 – The Biological Diversity Act for
conservation of biodiversity, sustainable use of
its components, and fair and equitable sharing
of the benefits arising out of it.

17. WATER
• 1974 – The Water (Prevention And Control Of
Pollution) Act it establishes standards for water quality
and effluent. Central pollution control board was
established under this act.
• 1977 – The Water Cess Act provides for levy and
collection of cess or fees on water consuming industries
and local authorities.
• 1991 – The Coastal Regulation Zone Notification puts
regulations on various activities.

18. AIR
•1982 – The Air (Prevention And Control Of
Pollution) Act
•1982 – The Atomic Energy Act deals with
radioactive waste
•1988 – The Motor Vehicles Act

19. It refers to the commitment of an organization to the laws,
regulations and other policy mechanisms concerning
environmental issues and sustainability.
It takes its origin from NEPA (National Environmental
Policy Act) of USA on 1st Jan. 1970
Environmental policy

20. ENVIRONMENTAL LAW
It means the laws that regulate the impact of
human activities on the environment.
Environmental law covers a broad range of
activities that affect air, water, land, flora and fauna.

21.  To encourage productive and enjoyable harmony between
man and his environment.
 To promote efforts which will prevent or eliminate damage
to the environment and biosphere and stimulate the health
and welfare of man.
 To enrich the understanding of the ecological systems and
natural resources important to the nation.
OBJECTIVES OF ENVIRONMENTAL POLICY

22. CONSTITUTIONAL PROVISIONS ON ENVIRONMENT
 Article 21 [fundamental right]
“Right to protect Environment.”
 Article 48-A [directive principles of state policy]
“the state shall try hard to protect & improve the environment
and to safeguard the forests and wildlife of the country.”
 Article 51-A(g) [fundamental duties]
“duty of every citizen of India to protect and improve the natural
environment including forests, lakes, rivers and wildlife and to have
compassion for living creatures.”

23. Environmental Policy InIndia
During the British Reign in India:
 Shore Nuisance (Bombay and Kolaba) Act,1853
 The Indian Penal Code, 1860
 The Indian Easements Act,1882
 The Fisheries Act, 1897
 The Factories Act,1897
 The Bengal Smoke Nuisance Act,1905
 The Bombay Smoke Nuisance Act,1912
 The Elephant’s Preservation Act,1879
 Wild Birds and Animals Protection Act,1912

24. Modern India
National Council for Environmental Policy and Planning
was set up in 1972 which was later evolved into Ministry of
Environment and Forests (MoEF) in 1985. Now it is
Ministry of Environment, Forest and Climate Change (May-
2018)
Policies to protect environment in India

25. •MoEFC and the pollution control boards (CPCB i.e.
Central Pollution Control Board and SPCBs i.e.
State Pollution Control Boards) together form the
regulatory and administrative core of the sector.

26.  Environmental Protection Act, 1986
 National Conservation Strategy and Policy
Statement on Environment and Development, 1992
 Policy Statement for the Abatement of Pollution,
1992
 National Environment Policy, 2006
 National Forest Policy, 1988
Contd…

27.  It is the major policy instruments of the Government for
dealing with various problems of environment and
development in a comprehensive manner.
 It talks about the nature and dimensions of the
environmental problems, actions taken in response to
the problems and lists out priorities and strategies for
action.
 It also views development policies from environmental
perspective and the support policies and systems
required.
National Conservation Strategy and Policy Statement
on Environment and Development, 1992

28. Policy Statement for the Abatement of
Pollution, 1992
The Policy Statement for Abatement of
Pollution, adopted in 1992 lays emphasis on
pollution prevention in place of the conventional
end-of-the-pipe treatment and also identified
the adoption of best available and practicable
technologies as the key element for pollution
prevention.

29. It is the 1st initiative in strategy formulation for
Environmental protection in a comprehensive manner.
It undertakes a diagnosis of the causative factors of land
degradation with a view to flagging the remedial measures
in required direction.
The solutions offered to tackle the problems are
compromise adoption of both science based and
traditional land use practices, pilot scale demonstrations,
large scale dissemination etc.
National Environment Policy, 2006

30. Conservation of critical environmental resources
Livelihood security for the poor
Integration of environmental concerns in economic
and social development
Efficiency in environmental resource use
Environmental governance
Enhancement of resources for environmental
conservation
The objectives of the policy include:
Contd…

31. National Forest Policy, 1988
Objectives
 Maintenance of environmental stability through preservation,
restoration of the ecological balance that has been adversely
disturbed by serious depletion of the forests of the country.
 Checking soil erosion and denudation in the catchment areas of
rivers, lakes, reservoirs in the interest of soil and water
conservation, for mitigating floods and droughts and for the
retardation of siltation of reservoirs.

32.  Checking the extension of sand-dunes in the desert areas of
Rajasthan and along the coastal tracts.
 Increasing substantially the forest/tree cover in the country
through massive afforestation and social forest programmes,
especially on all denuded, degraded and unproductive lands.
 Encouraging efficient utilization of forest produce and maximizing
substitution of wood.
 Creating a massive people's movement with the involvement of
women, for achieving these objectives and to minimize pressure on
existing forests.

33. International
Conventions

34. • The Montreal Protocol on Substance is a global agreement to
protect the ozone layer by phasing out the production of various
substances that are responsible for ozone reduction.
• The main objective of the Montreal Protocol was to protect the
ozone layer by taking different steps to manage the production
and consumption of depleting substances (ODS) and to remove it
completely.
• It was agreed on 26 August 1987, and entered into force on 16
September 1989, following the first meeting in Helsinki, May
1989.
Signed: 16 September 1987
Montreal Protocol

36. Rio Summit or The United Nations Conference on
Environment and Development (UNCED), also known as the Rio
de Janeiro Earth Summit was the major United Nations
conference which was held on Rio from 3rd to 14th June 1992.
The main objective of the summit was to stop the
destruction of various natural resources and to handle pollution
which is affecting the planet. And the condition of the global
environment and its association between economics, science
and the environment in a political context. 105 countries
participated in the Earth Summit, for this development.
Rio Summit

37. The Convention on Biological Diversity (CBD) is an
international treaty with three main objectives:-
1. Conservation of biodiversity
2. Sustainable use of biodiversity
3. Fair and equitable sharing of the benefits which occur
from the genetic recourses.
This treaty was signed on 5th June 1992 and was
effective from 29th December 1993. Over 196 countries
participated in Rio de Janeiro.
Convention on Biological Diversity

38. The UNFCCC secretariat (UN Climate Change) was established
in 1992 when countries adopted the United Nations
Framework Convention on Climate Change (UNFCCC).
 The UNFCCC entered into force on 21 March 1994. Today, it has
near-universal membership. The 197 countries that have ratified
the Convention are called Parties to the Convention.
The convention is legally non-binding but makes provisions for the
meeting called ‘protocols’ where negotiating countries can set
legally binding limits
UNFCCC – United Nation Framework Convention on
Climate Change

39. The Kyoto Protocol is an international agreement
which was extended on the 1992 United Nations
Framework Convention on Climate Change like to
reduce the greenhouse gas emission based on scientic
agreement.
Kyoto Protocol

40. This Protocol was signed on 11th December 1997 and
was effective from 16th February 2005 in Kyoto. Over
192 countries participated in this.
India has ratified the second commitment period of the
Kyoto Protocol known as the Doha Amendment to the
protocol

41. Paris Agreement is an international agreement to fight
against climate change. The main objective of this
agreement was to stop global warming and the threat of
dangerous climatic changes. Over 195 countries
participated in the Paris Agreement from 30th November to
11th December 2015.
Paris Agreement

42. The Paris Agreement opened for signature on 22 April 2016 –
Earth Day – at UN Headquarters in New York. It entered into
force on 4 November 2016.
Holding the increase in the global average temperature to well
below 2°C above pre-industrial levels and to pursue efforts to
limit the temperature increase to 1.5 °C above pre-industrial
levels.

44. In International Solar Alliance over 122 countries
participated and the same was initiated by India and founded
in the year 2015.
The main objective of this alliance is to increase the use of
solar energy among the International Solar Alliance
member countries in a convenient, safe, affordable and
sustainable manner.
International Solar Alliance

45. Vision and mission of the International Solar Alliance is to
provide a dedicated platform for cooperation among solar
resource-rich countries.
Its major objectives include global deployment of over
1,000 gigawatt of solar generation capacity and
mobilization of investment of over US $1000 billion into
solar energy by 2030.

47. • This was framed with the objective that the Antarctic
shall continue to be a zone that shall be used for
peaceful purposes only and shall not become an object
of international discord.
• The treaty covers the area south of 60°S latitude and is
known as the Antarctic Treaty Area (ATA).
Antarctic Treaty (Washington, 1959)

48. • It focuses on the suspension of territorial claims,
prohibition of all military activities in the region,
freedom of scientific inquiry, and international co-
operation in scientific activities.
• India signed into the Antarctic Treaty system in 1983 as
a consultative party member.

49. • CITES was signed in March 1973 for the regulation of
international trade in endangered species of wild flora and
fauna.
• India had signed the agreement in July 1976 and the Director,
Wild Life Preservation is India designated CITES Management
Authority (MoEF, 2018).
• Although CITES seeks to prevent and control trade in
endangered species, it should not be interpreted as overall
conservation of endangered species of flora and fauna.
Convention on International Trade in Endangered
Species of wild fauna and flora (CITES) (1973)

50. • Basel convention on transboundary Movement of Hazardous
Wastes, 1989 Known popularly as the Basel Convention, the
convention aims for a reduction in the transboundary
movement of hazardous wastes.
• The Convention sees to it that creation of hazardous wastes is
minimized.
Basel convention on transboundary Movement of
Hazardous Wastes, 1989

51. • It also prohibits shipment of hazardous waste to countries
unable to dispose of the hazardous waste in an
environment-friendly manner.
• India ratified to the treaty in 1992 and included some
provisions of the Basel Convention in The Indian Hazardous
Waste Management Rules Act, 1989 (World Bank, undated).

52. • The Cartagena Protocol on Biosafety to the Convention on
Biological Diversity is an international agreement which
aims to ensure the safe handling, transport and use of
living modified organisms (LMOs) resulting from modern
biotechnology that may have adverse effects on biological
diversity, taking also into account risks to human health.
• It was adopted on 29 January 2000 and entered into force
on 11 September 2003.
The Cartagena protocol on biosafety

53. • The Declaration of the United Nations Conference on the Human
Environment, or Stockholm Declaration, was adopted June 16,
1972 by the United Nations Conference on the Human
Environment at the 21st plenary meeting.
• It was adopted to recognize the right to a healthy environment.
• In the declaration, the nations agreed to accept responsibility for any
environmental effects caused by their actions.
Stockholm Declaration

54. • Within the document, 7 proclamations cover the global
nature of environmental problems and state that they
will require extensive cooperation among nations to
resolve. The declaration then states 26 principles and
109 recommendations to guide the nations through
their responsibilities.

55. Natural resources must be safeguarded.
Wildlife must be safeguarded.
 Non-Renewable resources must be shared not exhausted.
 Pollution must not exceed the environments capacity to clean itself.
Environment Policy must not hamper development.
 Human settlements must be planned to eliminate environment
problems.
Govt. should plan their own appropriate population policies.
Environmental education is essential.
Each nations must establish its own standards.
Few of the principles are as follows,