The document discusses environmental laws in India. It begins by outlining the constitutional duty of Indians to protect the environment. It then discusses the establishment of the Department of Environment in 1980, which later became the Ministry of Environment and Forests in 1985. The document goes on to summarize several key environmental laws in India related to general protection, forests and wildlife, water, air pollution, and hazardous waste management. It provides brief overviews of laws such as the Environment Protection Act, Wildlife Protection Act, Forest Conservation Act, Water Prevention and Control Act, and others.

1. “ENVIRONMENTAL LAWS”
BY
RITESH KUMAR SINGH
(AE Civil Engg.)

2. Introduction
What is environment?
Need of protection of environment
Different laws
POINTS OF DISCUSSION

3.  The Constitution of India clearly states that it is the
duty of Indian people to ‘protect and improve the
environment and to safeguard the forest and wildlife
of the country’
 The Department of Environment was established in
India in 1980. This later became the Ministry of
Environment and Forest in 1985.
 There are no. of laws are formed in order to protect the
environment and wildlife.
INTRODUCTION

4.  Environment is basically defined as the collection of all
living things and the things around them.
 It may be living things such as humans, animals,
plants and non-living things such as buildings, earth
crest, water etc.
 It includes physical, chemical and other natural forces.
 All the living things interact with environment and in
response to conditions of environment they change
themselves.
What is Environment?

5.  For Sustainable development.
 It is important for ensuring a lasting supply of
resources, as well as providing access to clean food
and water.
 It helps to reduce the risk of related health problems
such as asthma, dengue, malaria.
 Approx. 25% of the deaths and total number of
diseases in the world are linked to environment
factors.
NEED OF PROTECTION OF
ENVIRONMENT

6. Following list of the environmental laws
that have come into effect:-
 General laws
 Forest and wildlife
 Water
 air
DIFFERENT LAWS

7.  1986- The Environment(Protection) Rules:-
 It was the Bhopal Gas Tragedy(2 dec 1984) which
necessitated the Government of India to enact a
comprehensive environmental legislation, including
rules relating to storing, handling and use of
hazardous waste.
 Standards of emission or discharge of environmental
pollution.
 The objective of the Environment Protection Act is to
protect and improve the environment in the country.
 Within this framework of the legislations, the
government established Pollution Control Boards
(PCBs) in order to, control, and abate environmental
pollution.
GENERAL LAWS

8.  1989- The Manufacture, Storage and Import of
Hazardous Chemicals rules:-
 Points included in this law:-
1. The concerned authority shall inspect the
industrial activity at least once in a calendar year.
2. The concerned industry must have isolated
storage of a hazardous chemical in a quantity
equal to or more than the threshold quantity.
3. Where a major accident occurs on a site or in a
pipe line, the occupier shall (within 48 hours)
notify the concerned authority about that
accident, and furnish thereafter to the concerned
authority a report relating to the accident.

9.  2000- The Municipal Solid Wastes Rules:-
 Municipal Solid Waste (Management &
Handling)Rules, 2000 (MSW Rules) are applicable to
every municipal authority responsible for collection,
segregation, storage, transportation, processing and
disposal of municipal solids.
 The main responsibility of Municipal agencies are:-
1. Ensuring that municipal solid wastes to be handled as
per rules.
2. Furnishing annual report.
3. Seeking authorization from State Pollution Control
Board (SPCB) for setting up waste processing and
disposal facility including landfills.

10.  2010- The National Green Tribunal(NGT) Act:-
 It is an act which enables creation of a special tribunal to
handle the expeditious disposal of the cases pertaining to
environment issues.
 In June 2010 the National Green Tribunal(NGT) bill was
passed.
 It aims at enforcing all the legal rights relating to the
environment and also accounts for providing
compensation and relief to effected people for damage of
property.
 The sanctioned strength of the tribunal is currently 10
expert member and 10 judicial member.
 Currently it is chaired by justice ADARSH KUMAR GOEL
since 06 July 2018.
 The tribunal is dedicated to provide speedy justice help to
reduce the burden of litigation in the higher courts.

11.  2016- The Biomedical Waste Management Rule:-
 This rules shall apply to all persons who generate, collect,
receive, store, transport, treat, dispose, or handle bio
medical waste in any form including hospitals, nursing
homes, clinics, dispensaries, veterinary institutions.
 This law includes:-
1. All necessary steps to ensure that bio-medical waste is
handled without any adverse effect to human health and
the environment.
2. Disposal of solid waste other than bio-medical waste.
3. Provide training to all its health care workers and others,
involved in handling of bio medical waste.
4. Conduct health check up at the time of induction and at
least once in a year for all its health care workers.
5. Ensure treatment and disposal of liquid waste in
accordance with the Water (Prevention and Control of
Pollution) Act, 1974.

12.  2016- The Plastic Waste Management Rule:-
 It aims to:-
 Increase the minimum thickness of plastic carry bag from
40 to 50 microns.
 To introduce collection of plastic waste management fee
through pre-registration of producer and importer of
plastic carry bag.
 Expand the jurisdiction to rural areas, because plastic has
reached rural areas also.
 To promote the use of plastic waste for road construction
as per IRC guidelines.
 To bring in the responsibility of producer to collect back
the plastic waste.

13.  1972- The wildlife protection act:-
 Provides for the protection of birds, animals and
plants and for all other matter concerned with them.
 In accordance with Wildlife (Protection) Amendment
Act, 2002 “no alternation of boundaries / National
Park / Sanctuary shall be made by the State Govt.
except on recommendation of the National Board for
Wildlife (NBWL)”
FOREST AND WILDLIFE

14.  1980- The forest (conservation) act:-
 Forest (Conservation) Act, 1980 is a unique piece of
legislation, and a regulatory mechanism that reflects the
collective will of the nation to protect its rich biodiversity
and natural heritage.
 It permits only unavoidable use of forest land for various
developmental purposes.
 This law put restrictions on issues such:-
1. That any forest land or any portion thereof may be used
for any non-forest purpose.
2. That any forest land or any portion thereof may be
assigned by way of lease or otherwise to an private
person or to any authority.
3. That any forest land or any portion thereof may be
cleared of trees which have grown naturally in that land
or portion.

15.  1958- The Merchant Shipping Act:-
 The International Convention for the Prevention of Pollution of
the Sea by Oil, 1954 is the first treaty for the reduction of oil
pollution of the sea.
 Merchant Shipping Act regulates and controls the discharge of
oil or oil mixture by an Indian tanker or ship within any of the
prohibited zones or by a foreign tanker or other ship within the
prohibited zone adjoining the territories of India.
 1974- The Water(prevention & control) Act:-
 Establishes an institutional structure for prevention and control
of water pollution.
 It establishes standards for water quality and effluent.
 This is the first law passed in India whose objective was to
ensure that the domestic and industrial pollutants are not
discharged into rivers, and lakes without adequate treatment.
 The Central Pollution Control Board(CPCB) was constituted.
WATER

16.  1991- The Costal Regulation Zone Notification:-
 Puts regulation on various activities, including
construction.
 It give some protection to the backwaters and estuaries
 The following activities are declared as prohibited
within the Coastal Regulation Zone namely:-
1. Setting up of new industries and expansion of
existing industries, except those directly related to
water front or directly needing foreshore facilities.
2. Setting up and expansion of fish processing units
including warehousing.
3. Dumping of city or town waste for the purposes of
land filling.

17.  1981- The Air(prevention and control of pollution):-
 Provides for the control and abatement of air pollution.
 Defines the procedures of the meeting of the Boards and
the power given to them.
 The prime objectives of the Act are the following:
1. Prevention, control and abatement of air pollution;
2. Establishment of central and state pollution control
boards to implement the aforesaid purpose; and
3. To maintain the quality of air.
AIR

18.  1962- The Atomic energy Act:-
 This is an act that provided for the development, control
and use of atomic energy for the welfare of the people of
India and for other peaceful purposes.
 In this law Central Government shall have power :-
1. To produce, develop, use and dispose of atomic energy
either by itself or through any authority or Corporation
established by it.
2. Ensure safe disposal of radioactive wastes.
3. Secure public safety and safety of persons handling
radioactive substances or radiation generating plant.
4. To control over radioactive substances or radiation
generating plant in order to prevent radiation hazards.

19.  1988- The Motor Vehicle Act:-
 The Motor Vehicles Act, 1988 (59 of 1988) consolidated and
rationalised various laws regulating road transport.
 This law includes:-
1. Providing adequate compensation to victims of road
accidents without going into long drawn procedure.
2. States that all hazardous waste is to be packed properly,
la
3. Enhancing penalties for traffic offenders belled and
transported.
4. Delegation of greater powers to State Transport
Authorities and rationalising the role of public authorities
in certain matters.

20.  2000- The Ozone depleting Substances:-
 Rules have been laid down for the regulation of
production and consumption of ozone depleting
substances.
 Organisations as per provisions of notification shall is
phase out all equipment, which uses these substances,
and is aiming at CFC free organisation in near future.
 As per the notification certain control and regulation
has been imposed on manufacturing, import, export,
and use of these compounds.

21. Mariana Dam Disaster (5 Nov 2015 )
Brazil
 2 villages devastated (200 homes destroyed)
 Due to failure of Mariana Mining Complex
Case Study