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Lecture
Summary of General Environmental Acts
Structure of Presentation
• The Environment (Protection) Act,1986
• The National Environmental Tribunal Act,1995, Amendment 2010
• National Green Tribunal Act, 2010
• The Biomedical waste (Management and Handling) Rules,1998
• The Environment (Siting for Industrial Projects) Rules, 1999
• The Municipal Solid Wastes (Management and Handling) Rules,
2000
• The Ozone Depleting Substances (Regulation and Control) Rules,
2000
• The Noise Pollution (Regulation and control) (Amendment) Rules,
2010
• CRZ Rules
The Environment (Protection) Act, 1986
authorizes the central government to protect and improve environmental quality, control and
reduce pollution from all sources, and prohibit or restrict the setting and /or operation of any
industrial facility on environmental grounds.
The Environment (Protection) Act was enacted in 1986 with the objective of providing for the
protection and improvement of the environment. It empowers the Central Government to
establish authorities charged with the mandate of preventing environmental pollution in all its
forms and to tackle specific environmental problems that are peculiar to different parts of the
country. The Act was last amended in 1991.
1. The Environment (Protection) Rules lay down procedures for setting standards of emission
or discharge of environmental pollutants.
2. The objective of Hazardous Waste (Management and Handling) Rules, 1989 is to control the
generation, collection, treatment, import, storage, and handling of hazardous waste.
3. The Manufacture, Storage, and Import of Hazardous Rules define the terms used in this
context, and sets up an authority to inspect, once a year, the industrial activity connected
with hazardous chemicals and isolated storage facilities.
4. The Manufacture, Use, Import, Export, and Storage of hazardous Micro-organisms/
Genetically Engineered Organisms or Cells Rules,1989 were introduced with a view to
protect the environment, nature, and health, in connection with the application of gene
technology and micro-organisms
The National Environmental Tribunal Act,1995, Amendment 2010
The Act has been created to award compensation for damages to persons, property, and the
environment arising from any activity involving hazardous substances. The three major
objectives of the Green Tribunal are
i. The effective and speedy disposal of the cases relating to environment protection and
conservation of forests and other natural resources. All the previous pending cases will also
be heard by the Tribunal.
ii. It aims at enforcing all the legal rights relating to the environment
iii. It also accounts for providing compensation and relief to effected people for damage of
property.
The salient features of amendment are as follows:
Amendment provides an equal opportunity to any citizen of India to approach the National
Green Tribunal.
It ensures that the tribunal takes into consideration principles of Sustainable Development,
Precautionary principles, Polluter Pays Principles and Inter generational Equity while hearing
any appeal and giving judgements
National Green Tribunal Act, 2010
Under the National Green Tribunal Act 2010 for effective and expeditious disposal of cases
relating to environmental protection and conservation of forests and other natural resources
including enforcement of any legal right relating to environment and giving relief and
compensation for damages to persons and property and for matters connected therewith or
incidental thereto. It is a specialized body equipped with the necessary expertise to handle
environmental disputes involving multidisciplinary issues. The Tribunal shall not be bound by
the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by
principles of natural justice.
The Tribunal's dedicated jurisdiction in environmental matters shall provide speedy
environmental justice and help reduce the burden of litigation in the higher courts. The Tribunal
is mandated to make and endeavour for disposal of applications or appeals finally within 6
months of filing of the same. Initially, the NGT is proposed to be set up at five places of sittings
and will follow circuit procedure for making itself more accessible. New Delhi is the Principal
Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the other 4 place
of sitting of the Tribunal.
The Biomedical waste (Management and Handling) Rules,1998
The Biomedical waste (Management and Handling) Rules,1998 is a legal binding on the health
care institutions to streamline the process of proper handling of hospital waste such as
segregation, disposal, collection, and treatment.
The Environment (Siting for Industrial Projects) Rules, 1999
The Environment (Siting for Industrial Projects) Rules, 1999 lay down detailed provisions relating
to areas to be avoided for siting of industries, precautionary measures to be taken for site
selecting as also the aspects of environmental protection which should have been
incorporated during the implementation of the industrial development projects.
The Municipal Solid Wastes (Management and Handling) Rules, 2000
The Rules apply to every municipal authority responsible for the collection, segregation,
storage, transportation, processing, and disposal of municipal solid wastes.
The Ozone Depleting Substances (Regulation and Control) Rules, 2000
The Ozone Depleting Substances (Regulation and Control) Rules,2000 have been laid down for
the regulation of production and consumption of ozone depleting substances.
The Noise Pollution (Regulation and control) (Amendment) Rules, 2010
These rules lay down such terms and conditions as are necessary to reduce noise pollution,
permit use of loud speakers or public address systems during night hours (between 10:00 p.m.
to 12:00 midnight) on or during any cultural or religious festive occasion.
Following are the salient features of the amendment:
In the heading ‘PUBLIC ADDRESS SYSTEM’ the words ‘AND SOUND PRODUCING SYSTEMS’ shall
be inserted.
A loudspeaker or any sound producing system or a sound amplifier shall not be used at night
time except in closed premises for communication within like auditorium, conference rooms,
community halls, banquet halls or during public emergency.
The noise level at the boundary of the public place where loudspeaker or public address system
is being used the sound should not exceed 10dB above the ambient noise standards of that area
or 75dB whichever is less.
No horn shall be used in silence zones or residential areas at night except in emergency
situations.
Sound emitting construction equipment's shall not be operated during night.
Coastal Regulation Zone Rules (CRZ Rules)
The Environment Ministry came up with the Coastal Regulation Zone rules (CRZ rules) in
February 1991, under the Environment Protection Act in 1986. The rules were notified in 2011.
In 2018, the government issued the Coastal Regulation Zone Notification 2018 to remove
restrictions on building, streamlining the clearance process and increasing tourism in the coastal
areas.
As per the CRZ rules, the coastal areas of creeks, seas, bays, rivers and backwaters that get
affected by tides up to 500 metres from the high tide line (HTL) and the land area between the
low tide line (LTL) and the high tide line are declared as coastal regulation zone (CRZ).
State governments are responsible for preparing Coastal Zone Management Plans (CZMP) and
implementing the CRZ rules through their respective Coastal Zone Management Authorities.
Coastal Regulation Zone Rules (CRZ Rules)
According to the CRZ notification, coastal areas are classified into four categories: CRZ 1, CRZ 2,
CRZ 3 and CRZ 4
CRZ-I: CRZ 1 constitutes ecologically-sensitive areas, such as mangroves, corals/coral reefs,
sand dunes, national parks, marine parks, sanctuaries, reserve forests, wildlife habitats, etc.
The coastal regulation zone areas in CRZ 1 are situated between high tide lines and low tide
lines.
CRZ-II: It constitutes the developed areas up to the shoreline, which fall within the existing
municipal limits. The development of unauthorised structures is not allowed in this zone.
CRZ-III: Localities, such as rural areas that are relatively undisturbed and do not fall under the
above categories, are included in this zone. Only specific activities related to agriculture or
certain public facilities are permitted under this coastal regulation zone.
CRZ-IV: The zone constitutes water areas from the low tide line up to territorial limits,
including areas of the tidal-influenced water bodies.
Coastal Regulation Zone Rules (CRZ Rules)
According to the CRZ notification, coastal areas are classified into four categories: CRZ 1, CRZ 2,
CRZ 3 and CRZ 4
CRZ-I: CRZ 1 constitutes ecologically-sensitive areas, such as mangroves, corals/coral reefs,
sand dunes, national parks, marine parks, sanctuaries, reserve forests, wildlife habitats, etc.
The coastal regulation zone areas in CRZ 1 are situated between high tide lines and low tide
lines.
CRZ-II: It constitutes the developed areas up to the shoreline, which fall within the existing
municipal limits. The development of unauthorised structures is not allowed in this zone.
CRZ-III: Localities, such as rural areas that are relatively undisturbed and do not fall under the
above categories, are included in this zone. Only specific activities related to agriculture or
certain public facilities are permitted under this coastal regulation zone.
CRZ-IV: The zone constitutes water areas from the low tide line up to territorial limits,
including areas of the tidal-influenced water bodies.
Coastal Regulation Zone Notification 2018
The Union Cabinet chaired approved the Coastal Regulation Zone (CRZ) Notification, 2018
during December 2018. It was last reviewed and issued in 2011, with periodic amendments to
some clauses.
1) Allowing FSI as per current norms in CRZ areas: As per CRZ, 2011 Notification, for CRZ-II
(Urban) areas, Floor Space Index (FSI) or the Floor Area Ratio (FAR) had been frozen as per
1991 Development Control Regulation (DCR) levels. In the CRZ, 2018 Notification, it has been
decided to de-freeze the same and permit FSI for construction projects, as prevailing on the
date of the new Notification. This will enable redevelopment of these areas to meet the
emerging needs.
2) Densely populated rural areas to be afforded greater opportunity for development: For CRZ-
III (Rural) areas, two separate categories have now been stipulated as below:
• CRZ-III A - These are densely populated rural areas with a population density of 2161
per square kilometre as per 2011 Census. Such areas shall have a No Development Zone
(NDZ) of 50 meters from the HTL as against 200 meters from the High Tide Line
stipulated in the CRZ Notification, 2011 since such areas have similar characteristics as
urban areas.
• CRZ-III B - Rural areas with population density of below 2161 per square kilometre as
per 2011 Census. Such areas shall continue to have an NDZ of 200 meters from the
HTL.
Coastal Regulation Zone Notification 2018
Tourism infrastructure for basic amenities to be promoted: Temporary tourism facilities such as
shacks, toilet blocks, change rooms, drinking water facilities etc. have now been permitted in
Beaches. Such temporary tourism facilities are also now permissible in the "No Development
Zone" (NDZ) of the CRZ-III areas as per the Notification. However, a minimum distance of 10 m
from HTL should be maintained for setting up of such facilities.
CRZ Clearances streamlined: The procedure for CRZ clearances has been streamlined. Only such
projects/activities, which are located in the CRZ-I (Ecologically Sensitive Areas) and CRZ IV (area
covered between Low Tide Line and 12 Nautical Miles seaward) shall be dealt with for CRZ
clearance by the Ministry of Environment, Forest and Climate Change. The powers for
clearances with respect to CRZ-II and III have been delegated at the State level with necessary
guidance.
A No Development Zone (NDZ) of 20 meters has been stipulated for all Islands: For islands
close to the main land coast and for all Backwater Islands in the main land, in wake of space
limitations and unique geography of such regions, bringing uniformity in treatment of such
regions, NDZ of 20 m has been stipulated.
All Ecologically Sensitive Areas have been accorded special importance: Specific guidelines
related to their conservation and management plans have been drawn up as a part of the CRZ
Notification.
Pollution abatement has been accorded special focus: In order to address pollution in Coastal
areas treatment facilities have been made permissible activities in CRZ-I B area subject to
necessary safeguards.
Defence and strategic projects have been accorded necessary dispensation.
General Env.pptx

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General Env.pptx

  • 1. Lecture Summary of General Environmental Acts
  • 2. Structure of Presentation • The Environment (Protection) Act,1986 • The National Environmental Tribunal Act,1995, Amendment 2010 • National Green Tribunal Act, 2010 • The Biomedical waste (Management and Handling) Rules,1998 • The Environment (Siting for Industrial Projects) Rules, 1999 • The Municipal Solid Wastes (Management and Handling) Rules, 2000 • The Ozone Depleting Substances (Regulation and Control) Rules, 2000 • The Noise Pollution (Regulation and control) (Amendment) Rules, 2010 • CRZ Rules
  • 3. The Environment (Protection) Act, 1986 authorizes the central government to protect and improve environmental quality, control and reduce pollution from all sources, and prohibit or restrict the setting and /or operation of any industrial facility on environmental grounds. The Environment (Protection) Act was enacted in 1986 with the objective of providing for the protection and improvement of the environment. It empowers the Central Government to establish authorities charged with the mandate of preventing environmental pollution in all its forms and to tackle specific environmental problems that are peculiar to different parts of the country. The Act was last amended in 1991. 1. The Environment (Protection) Rules lay down procedures for setting standards of emission or discharge of environmental pollutants. 2. The objective of Hazardous Waste (Management and Handling) Rules, 1989 is to control the generation, collection, treatment, import, storage, and handling of hazardous waste. 3. The Manufacture, Storage, and Import of Hazardous Rules define the terms used in this context, and sets up an authority to inspect, once a year, the industrial activity connected with hazardous chemicals and isolated storage facilities. 4. The Manufacture, Use, Import, Export, and Storage of hazardous Micro-organisms/ Genetically Engineered Organisms or Cells Rules,1989 were introduced with a view to protect the environment, nature, and health, in connection with the application of gene technology and micro-organisms
  • 4. The National Environmental Tribunal Act,1995, Amendment 2010 The Act has been created to award compensation for damages to persons, property, and the environment arising from any activity involving hazardous substances. The three major objectives of the Green Tribunal are i. The effective and speedy disposal of the cases relating to environment protection and conservation of forests and other natural resources. All the previous pending cases will also be heard by the Tribunal. ii. It aims at enforcing all the legal rights relating to the environment iii. It also accounts for providing compensation and relief to effected people for damage of property. The salient features of amendment are as follows: Amendment provides an equal opportunity to any citizen of India to approach the National Green Tribunal. It ensures that the tribunal takes into consideration principles of Sustainable Development, Precautionary principles, Polluter Pays Principles and Inter generational Equity while hearing any appeal and giving judgements
  • 5. National Green Tribunal Act, 2010 Under the National Green Tribunal Act 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto. It is a specialized body equipped with the necessary expertise to handle environmental disputes involving multidisciplinary issues. The Tribunal shall not be bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice. The Tribunal's dedicated jurisdiction in environmental matters shall provide speedy environmental justice and help reduce the burden of litigation in the higher courts. The Tribunal is mandated to make and endeavour for disposal of applications or appeals finally within 6 months of filing of the same. Initially, the NGT is proposed to be set up at five places of sittings and will follow circuit procedure for making itself more accessible. New Delhi is the Principal Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the other 4 place of sitting of the Tribunal.
  • 6. The Biomedical waste (Management and Handling) Rules,1998 The Biomedical waste (Management and Handling) Rules,1998 is a legal binding on the health care institutions to streamline the process of proper handling of hospital waste such as segregation, disposal, collection, and treatment. The Environment (Siting for Industrial Projects) Rules, 1999 The Environment (Siting for Industrial Projects) Rules, 1999 lay down detailed provisions relating to areas to be avoided for siting of industries, precautionary measures to be taken for site selecting as also the aspects of environmental protection which should have been incorporated during the implementation of the industrial development projects. The Municipal Solid Wastes (Management and Handling) Rules, 2000 The Rules apply to every municipal authority responsible for the collection, segregation, storage, transportation, processing, and disposal of municipal solid wastes. The Ozone Depleting Substances (Regulation and Control) Rules, 2000 The Ozone Depleting Substances (Regulation and Control) Rules,2000 have been laid down for the regulation of production and consumption of ozone depleting substances.
  • 7. The Noise Pollution (Regulation and control) (Amendment) Rules, 2010 These rules lay down such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address systems during night hours (between 10:00 p.m. to 12:00 midnight) on or during any cultural or religious festive occasion. Following are the salient features of the amendment: In the heading ‘PUBLIC ADDRESS SYSTEM’ the words ‘AND SOUND PRODUCING SYSTEMS’ shall be inserted. A loudspeaker or any sound producing system or a sound amplifier shall not be used at night time except in closed premises for communication within like auditorium, conference rooms, community halls, banquet halls or during public emergency. The noise level at the boundary of the public place where loudspeaker or public address system is being used the sound should not exceed 10dB above the ambient noise standards of that area or 75dB whichever is less. No horn shall be used in silence zones or residential areas at night except in emergency situations. Sound emitting construction equipment's shall not be operated during night.
  • 8. Coastal Regulation Zone Rules (CRZ Rules) The Environment Ministry came up with the Coastal Regulation Zone rules (CRZ rules) in February 1991, under the Environment Protection Act in 1986. The rules were notified in 2011. In 2018, the government issued the Coastal Regulation Zone Notification 2018 to remove restrictions on building, streamlining the clearance process and increasing tourism in the coastal areas. As per the CRZ rules, the coastal areas of creeks, seas, bays, rivers and backwaters that get affected by tides up to 500 metres from the high tide line (HTL) and the land area between the low tide line (LTL) and the high tide line are declared as coastal regulation zone (CRZ). State governments are responsible for preparing Coastal Zone Management Plans (CZMP) and implementing the CRZ rules through their respective Coastal Zone Management Authorities.
  • 9. Coastal Regulation Zone Rules (CRZ Rules) According to the CRZ notification, coastal areas are classified into four categories: CRZ 1, CRZ 2, CRZ 3 and CRZ 4 CRZ-I: CRZ 1 constitutes ecologically-sensitive areas, such as mangroves, corals/coral reefs, sand dunes, national parks, marine parks, sanctuaries, reserve forests, wildlife habitats, etc. The coastal regulation zone areas in CRZ 1 are situated between high tide lines and low tide lines. CRZ-II: It constitutes the developed areas up to the shoreline, which fall within the existing municipal limits. The development of unauthorised structures is not allowed in this zone. CRZ-III: Localities, such as rural areas that are relatively undisturbed and do not fall under the above categories, are included in this zone. Only specific activities related to agriculture or certain public facilities are permitted under this coastal regulation zone. CRZ-IV: The zone constitutes water areas from the low tide line up to territorial limits, including areas of the tidal-influenced water bodies.
  • 10. Coastal Regulation Zone Rules (CRZ Rules) According to the CRZ notification, coastal areas are classified into four categories: CRZ 1, CRZ 2, CRZ 3 and CRZ 4 CRZ-I: CRZ 1 constitutes ecologically-sensitive areas, such as mangroves, corals/coral reefs, sand dunes, national parks, marine parks, sanctuaries, reserve forests, wildlife habitats, etc. The coastal regulation zone areas in CRZ 1 are situated between high tide lines and low tide lines. CRZ-II: It constitutes the developed areas up to the shoreline, which fall within the existing municipal limits. The development of unauthorised structures is not allowed in this zone. CRZ-III: Localities, such as rural areas that are relatively undisturbed and do not fall under the above categories, are included in this zone. Only specific activities related to agriculture or certain public facilities are permitted under this coastal regulation zone. CRZ-IV: The zone constitutes water areas from the low tide line up to territorial limits, including areas of the tidal-influenced water bodies.
  • 11. Coastal Regulation Zone Notification 2018 The Union Cabinet chaired approved the Coastal Regulation Zone (CRZ) Notification, 2018 during December 2018. It was last reviewed and issued in 2011, with periodic amendments to some clauses. 1) Allowing FSI as per current norms in CRZ areas: As per CRZ, 2011 Notification, for CRZ-II (Urban) areas, Floor Space Index (FSI) or the Floor Area Ratio (FAR) had been frozen as per 1991 Development Control Regulation (DCR) levels. In the CRZ, 2018 Notification, it has been decided to de-freeze the same and permit FSI for construction projects, as prevailing on the date of the new Notification. This will enable redevelopment of these areas to meet the emerging needs. 2) Densely populated rural areas to be afforded greater opportunity for development: For CRZ- III (Rural) areas, two separate categories have now been stipulated as below: • CRZ-III A - These are densely populated rural areas with a population density of 2161 per square kilometre as per 2011 Census. Such areas shall have a No Development Zone (NDZ) of 50 meters from the HTL as against 200 meters from the High Tide Line stipulated in the CRZ Notification, 2011 since such areas have similar characteristics as urban areas. • CRZ-III B - Rural areas with population density of below 2161 per square kilometre as per 2011 Census. Such areas shall continue to have an NDZ of 200 meters from the HTL.
  • 12. Coastal Regulation Zone Notification 2018 Tourism infrastructure for basic amenities to be promoted: Temporary tourism facilities such as shacks, toilet blocks, change rooms, drinking water facilities etc. have now been permitted in Beaches. Such temporary tourism facilities are also now permissible in the "No Development Zone" (NDZ) of the CRZ-III areas as per the Notification. However, a minimum distance of 10 m from HTL should be maintained for setting up of such facilities. CRZ Clearances streamlined: The procedure for CRZ clearances has been streamlined. Only such projects/activities, which are located in the CRZ-I (Ecologically Sensitive Areas) and CRZ IV (area covered between Low Tide Line and 12 Nautical Miles seaward) shall be dealt with for CRZ clearance by the Ministry of Environment, Forest and Climate Change. The powers for clearances with respect to CRZ-II and III have been delegated at the State level with necessary guidance. A No Development Zone (NDZ) of 20 meters has been stipulated for all Islands: For islands close to the main land coast and for all Backwater Islands in the main land, in wake of space limitations and unique geography of such regions, bringing uniformity in treatment of such regions, NDZ of 20 m has been stipulated. All Ecologically Sensitive Areas have been accorded special importance: Specific guidelines related to their conservation and management plans have been drawn up as a part of the CRZ Notification. Pollution abatement has been accorded special focus: In order to address pollution in Coastal areas treatment facilities have been made permissible activities in CRZ-I B area subject to necessary safeguards. Defence and strategic projects have been accorded necessary dispensation.