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Environmental
Legislations
NATTHU SHRIRAME
M-TECH ENV. ENGG
2
• Stockholm Declaration of 1972 was
perhaps the first major attempt
• Accordingly, Indian Parliament inserted
two Articles
• 48A and 51(g) in the Constitution of
India in 1976
Types of Legislations
• Act: Enactment by the Indian parliament
• Notifications: Formation of rules under
provision of Act
• Rules: Regulations, requirement and directions
on environmental management
• Directions: Instructions given by the Central
Govt
• Soft Laws: International agreement for foreign
trade
10/9/2017 3
Water Act 1974
• The Water (Prevention & Control of
Pollution) Act, 1974 is the first enactment
by the Parliament
• Water Act is enacted with the aim of
prevention and control of Water Pollution
in India.
4
• Maintaining or restoring the wholesomeness of
water
• Establishment of Board of prevention and
control of water pollution
5
Definitions
• "pollution" means such contamination of water or
such alteration of the physical, chemical or biological
properties of water or such discharge of any sewage
or trade effluent or of any other liquid, gaseous or
solid substance into water (whether directly or
indirectly) as may, or is likely to, create a nuisance or
render such water harmful or injurious
• to public health or safety, or
• to domestic, commercial, industrial, agricultural or
other legitimate uses, or
• to the life and health of animals or plants or of
aquatic organisers;
10/9/2017 6
Acts Includes
• Eight Chapter and Sixty four sections
• CHAPTER I------PRELIMINARY
• CHAPTER II---CENTRAL AND STATE BOARDS FOR
THE PREVENTION AND CONTROL OF AIR POLLUTION
• CHAPTER III --POWERS AND FUNCTIONS OF BOARDS
• CHAPTER IV --POWERS AND FUNCTIONS OF BOARDS
• CHAPTER V---PREVENTION AND CONTROL OF AIR
POLLUTION
• CHAPTER VI---FUND, ACCOUNTS AND AUDIT
• CHAPTER VII----PENALTIES AND PROCEDURE
• CHAPTER VIII----MISCELLANEOUS
7
• Section 24,25 and 26 are the backbone of
this act.
• no person shall knowingly cause or permit any
poisonous, noxious or polluting matter
determined in accordance with such standards
as may be laid down by the State Board to
enter (whether directly or indirectly) into
any [stream or well or sewer or on land]
8
9
• The industry can make an appeal if
aggrieved against the orders of the Board
under section 28 of the Water Act.
• The Board can issue directions for
closure of industry & disconnection of
electricity in case of persistent defiance
by any polluting industry under section
33-A of the Water Act.
10
• Section 25 & 26
• Without the consent of the State Board, any industry
operation or process, or any treatment and disposal
system or any extension or addition thereto, is
established, or any steps for such establishment have
been taken or a new or altered outlet is brought into
use for the discharge of sewage or a new discharge of
sewage is made
• punishable with imprisonment for term which shall
not be less than one and half year but which may
extend to six years with fine under section 43/44 of
the Water Act
The Air (Prevention and Control
of Pollution) Act, 1981
11
Definitions
• "air pollutant" means any solid, liquid or
gaseous substance [(including noise)] present
in the atmosphere in such concentration as
may be or tend to be injurious to human beings
or other living creatures or plants or property
or environment
• "air pollution" means the presence in the
atmosphere of any air
12
OBJECTIVE
• Prevention control and abatement of the Air
pollutions
• Maintaining Quality of Air
• Establishment of the Board
13
Acts Includes
• Seven Chapter and Fifty four sections
• CHAPTER I------PRELIMINARY
• CHAPTER II---CENTRAL AND STATE BOARDS FOR
THE PREVENTION AND CONTROL OF AIR POLLUTION
• CHAPTER III --POWERS AND FUNCTIONS OF BOARDS
• CHAPTER IV---PREVENTION AND CONTROL OF AIR
POLLUTION
• CHAPTER V---FUND, ACCOUNTS AND AUDIT
• CHAPTER VI----PENALTIES AND PROCEDURE
• CHAPTER VII----MISCELLANEOUS
14
• Section 21 and 22 are the backbone of
this act. According to this sections AQS
should be maintained by industries
• Control equipment of such specification as the
State Board may approve.
• Control equipment referred above shall be kept
at all times in good running condition.
• Chimney, wherever necessary, of such
specifications as state boards may approve.
• Any other such conditions as the state board
may specify.
15
• Under Section 22 :
• No person operating any industrial plant,
in any air pollution control area shall
discharge or cause or permit to be
discharged the emission of any air
pollution in excess of the standards laid
down by the state board.
16
17
• Under Section 37 :
• Any person failing to comply with the
provisions of Section 21 or Section 22 or
directions issued under Section 31(A) can
be imprisoned from 1-1/2 years to 6
years, with fine or with a fine upto
Rs.5000/- per day.
If violation continues beyond one year
imprisonment can be increased upto 7
years with fine.
THE ENVIRONMENT PROTECTION
ACT, 1986 (IN INDIA)
• To provide the protection and improvement of
environment (which includes water, air, land,
human being, other living creatures, plants,
micro-organism and properties) and for
matters connected therewith.
18
• This is also known as umbrella Act.
• Later on it became the Ministry of
Environment and Forests in 1985. EPA,1986
came into force soon after the Bhopal Gas
Tragedy.
19
OBJECTIVE
• to provide the protection and improvement of
environment
• Prevention of hazards to all living creatures
and property
• Maintenance of harmonious relationship
between human beings and their environments
20
IMPORTANT TERMINOLOGY
• Environment” It includes water, air, and land
and the interrelationship which exists among
and between water, air and land and human
beings, other living creatures, plants,
microorganism and property.
• “Environmental Pollutant” means any solid,
liquid or gaseous substance present in such
concentration as may be, or tend to be
injurious to environment.
• “Environmental pollution” means imbalance
in environment
21
10/9/2017 22
• “Environmental pollution” means imbalance in
environment
• Hazardous substance” means any substance or
preparation which, by reason of its chemical or
physico-chemical properties or handling, is liable to
cause harm to human beings, other living creatures,
plant, micro-organism, property or the environment
10/9/2017 23
Acts Includes
• Four Chapter and Twenty Six sections
• CHAPTER I------PRELIMINARY
• CHAPTER II----GENERAL POWERS OF THE
CENTRAL GOVERNMENT
• CHAPTER III----PREVENTION, CONTROL AND
ABATEMENT OF ENVIRONMENTAL CONTROL
• CHAPTER IV---MISCELLANEOUS
24
• Section 6 and 25 are the backbone of this
act which implies that Central
Government can frame the rules
25
POWERS PROVIDED BY THE ACT TO
CENTRAL GOVTT.….
• the standards of quality of air, water or
soil for various areas and purposes;
• the maximum allowable limits of the
concentration of various environmental
pollutants
• the procedures and safeguard for
handling hazardous substances;
26
Template copyright 2005 www.brainybetty.com 27
• prohibition and restrictions on the
location of industries and the carrying on
of the process and operations in different
areas
• procedures and safeguard for the
prevention of accidents which may cause
environmental pollution
• providing for re-medical measures for
such accidents.
PENALITY…
• Whoever Person found to be the cause of
pollution may extend to five years or with fine
which may extend to one lakh rupees or both
(Sec 15, 16, 17).
• If not comply fine of Rs. 5000 per day extra,
still if not comply for more than one year, then
imprisonment may extend up to 7 years.
28
29
• Section 17 specifies that Head of the department/ in
charge of small unit may be liable for punishment if
the owner /occupier produce enough evidence of
innocence. The state govtt. have power to close or
cancel or deny the authorization to run the
factory/institution/hospital whichever is causing
pollution

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Environmental legislations

  • 2. 2 • Stockholm Declaration of 1972 was perhaps the first major attempt • Accordingly, Indian Parliament inserted two Articles • 48A and 51(g) in the Constitution of India in 1976
  • 3. Types of Legislations • Act: Enactment by the Indian parliament • Notifications: Formation of rules under provision of Act • Rules: Regulations, requirement and directions on environmental management • Directions: Instructions given by the Central Govt • Soft Laws: International agreement for foreign trade 10/9/2017 3
  • 4. Water Act 1974 • The Water (Prevention & Control of Pollution) Act, 1974 is the first enactment by the Parliament • Water Act is enacted with the aim of prevention and control of Water Pollution in India. 4
  • 5. • Maintaining or restoring the wholesomeness of water • Establishment of Board of prevention and control of water pollution 5
  • 6. Definitions • "pollution" means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious • to public health or safety, or • to domestic, commercial, industrial, agricultural or other legitimate uses, or • to the life and health of animals or plants or of aquatic organisers; 10/9/2017 6
  • 7. Acts Includes • Eight Chapter and Sixty four sections • CHAPTER I------PRELIMINARY • CHAPTER II---CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR POLLUTION • CHAPTER III --POWERS AND FUNCTIONS OF BOARDS • CHAPTER IV --POWERS AND FUNCTIONS OF BOARDS • CHAPTER V---PREVENTION AND CONTROL OF AIR POLLUTION • CHAPTER VI---FUND, ACCOUNTS AND AUDIT • CHAPTER VII----PENALTIES AND PROCEDURE • CHAPTER VIII----MISCELLANEOUS 7
  • 8. • Section 24,25 and 26 are the backbone of this act. • no person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in accordance with such standards as may be laid down by the State Board to enter (whether directly or indirectly) into any [stream or well or sewer or on land] 8
  • 9. 9 • The industry can make an appeal if aggrieved against the orders of the Board under section 28 of the Water Act. • The Board can issue directions for closure of industry & disconnection of electricity in case of persistent defiance by any polluting industry under section 33-A of the Water Act.
  • 10. 10 • Section 25 & 26 • Without the consent of the State Board, any industry operation or process, or any treatment and disposal system or any extension or addition thereto, is established, or any steps for such establishment have been taken or a new or altered outlet is brought into use for the discharge of sewage or a new discharge of sewage is made • punishable with imprisonment for term which shall not be less than one and half year but which may extend to six years with fine under section 43/44 of the Water Act
  • 11. The Air (Prevention and Control of Pollution) Act, 1981 11
  • 12. Definitions • "air pollutant" means any solid, liquid or gaseous substance [(including noise)] present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment • "air pollution" means the presence in the atmosphere of any air 12
  • 13. OBJECTIVE • Prevention control and abatement of the Air pollutions • Maintaining Quality of Air • Establishment of the Board 13
  • 14. Acts Includes • Seven Chapter and Fifty four sections • CHAPTER I------PRELIMINARY • CHAPTER II---CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR POLLUTION • CHAPTER III --POWERS AND FUNCTIONS OF BOARDS • CHAPTER IV---PREVENTION AND CONTROL OF AIR POLLUTION • CHAPTER V---FUND, ACCOUNTS AND AUDIT • CHAPTER VI----PENALTIES AND PROCEDURE • CHAPTER VII----MISCELLANEOUS 14
  • 15. • Section 21 and 22 are the backbone of this act. According to this sections AQS should be maintained by industries • Control equipment of such specification as the State Board may approve. • Control equipment referred above shall be kept at all times in good running condition. • Chimney, wherever necessary, of such specifications as state boards may approve. • Any other such conditions as the state board may specify. 15
  • 16. • Under Section 22 : • No person operating any industrial plant, in any air pollution control area shall discharge or cause or permit to be discharged the emission of any air pollution in excess of the standards laid down by the state board. 16
  • 17. 17 • Under Section 37 : • Any person failing to comply with the provisions of Section 21 or Section 22 or directions issued under Section 31(A) can be imprisoned from 1-1/2 years to 6 years, with fine or with a fine upto Rs.5000/- per day. If violation continues beyond one year imprisonment can be increased upto 7 years with fine.
  • 18. THE ENVIRONMENT PROTECTION ACT, 1986 (IN INDIA) • To provide the protection and improvement of environment (which includes water, air, land, human being, other living creatures, plants, micro-organism and properties) and for matters connected therewith. 18
  • 19. • This is also known as umbrella Act. • Later on it became the Ministry of Environment and Forests in 1985. EPA,1986 came into force soon after the Bhopal Gas Tragedy. 19
  • 20. OBJECTIVE • to provide the protection and improvement of environment • Prevention of hazards to all living creatures and property • Maintenance of harmonious relationship between human beings and their environments 20
  • 21. IMPORTANT TERMINOLOGY • Environment” It includes water, air, and land and the interrelationship which exists among and between water, air and land and human beings, other living creatures, plants, microorganism and property. • “Environmental Pollutant” means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be injurious to environment. • “Environmental pollution” means imbalance in environment 21
  • 22. 10/9/2017 22 • “Environmental pollution” means imbalance in environment
  • 23. • Hazardous substance” means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property or the environment 10/9/2017 23
  • 24. Acts Includes • Four Chapter and Twenty Six sections • CHAPTER I------PRELIMINARY • CHAPTER II----GENERAL POWERS OF THE CENTRAL GOVERNMENT • CHAPTER III----PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL CONTROL • CHAPTER IV---MISCELLANEOUS 24
  • 25. • Section 6 and 25 are the backbone of this act which implies that Central Government can frame the rules 25
  • 26. POWERS PROVIDED BY THE ACT TO CENTRAL GOVTT.…. • the standards of quality of air, water or soil for various areas and purposes; • the maximum allowable limits of the concentration of various environmental pollutants • the procedures and safeguard for handling hazardous substances; 26
  • 27. Template copyright 2005 www.brainybetty.com 27 • prohibition and restrictions on the location of industries and the carrying on of the process and operations in different areas • procedures and safeguard for the prevention of accidents which may cause environmental pollution • providing for re-medical measures for such accidents.
  • 28. PENALITY… • Whoever Person found to be the cause of pollution may extend to five years or with fine which may extend to one lakh rupees or both (Sec 15, 16, 17). • If not comply fine of Rs. 5000 per day extra, still if not comply for more than one year, then imprisonment may extend up to 7 years. 28
  • 29. 29 • Section 17 specifies that Head of the department/ in charge of small unit may be liable for punishment if the owner /occupier produce enough evidence of innocence. The state govtt. have power to close or cancel or deny the authorization to run the factory/institution/hospital whichever is causing pollution