Environment Management

Major Legislations

1.

2. 3.

4. 5.

The Water (Prevention and control of pollution) Act 1974 The Forty Second Amendment Act- 1976 Water (Prevention and Control of pollution) Cess Act 1977 The Forest ( Conservation ) Act, 1980 Air ( Prevention and Control of Pollution) Act, 1981

Contd..
6.

7. 8.

9.
10. 11.

The Wildlife(Protection) Act, 1972, Amendment 1991. The Environmental (Protection) Act, 1986 Public Liability Insurance Act (PLIA), 1991 Insecticides Act Motor Vehicles Act Central & State Pollution Control Boards Functions

Environmental Legislations.

A well developed law on environment came into existence only after the UN Conference at Stockholm in 1972. National Council for Environmental Policy and Planning was established in 1972 under the Department of Science and Technology. This Council later evolved into a full fledged Ministry of Environment and Forests in the year 1985.

1.

The Water (Prevention and control of pollution) Act 1974. The objective of this Act is to prevent and control water pollution and to maintain/restore wholesomeness of water. This act was the first of its kind on environment which was enacted by the Parliament of India.

This Act prohibits discharge of pollutants into water bodies beyond a specified standard and imposes penalties if not followed. This Act was responsible for the establishment of Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCB). The Act vests regulatory authority to SPCBs and empowers these boards to establish and enforce effluent standards for factories discharging pollutants into water bodies.

Some of the parameters defined for waste water / effluent:

i.
ii. iii.

iv.
v.

pH (pH level of pure water is neutral close to 7.0) Biological Oxygen Demand (BOD) Chemical Oxygen Demand (COD) Total Dissolved Solids (TDS) Oil and Grease

Limits are set depending on type of industries like textiles, tanneries etc.

Standard for drinking water:

i.
ii. iii. iv.

Total Suspended Solids- 25 mg/liter Max. BOD- 5 days at 20 degree 1 mg/liter Max. COD Nil Dissolved oxygen- 7.5 mg / liter Min.

2.

The Forty Second Amendment Act- 1976. Environmental protection and improvement are explicitly incorporated into the constitution in the Act of 1976. It declares that, the state shall endeavor to protect and improve the environment and safeguard the forests and wildlife of the country. Article 253 of the constitution empowers Parliament to make laws implementing Indias international obligations as well as any decision made at an international conference, meetings etc.

3.

Water (Prevention and Control of pollution) Cess Act 1977: This act provides for a levy and collection of a cess for water consumption Main purpose is to fund and increase the resources for CPCB and SPCBs. Every consumer shall affix a separate water meter at the entrance of the water supply connection Creates economic incentives for pollution control

4.

The Forest ( Conservation ) Act, 1980 This Act was enacted to protect and conserve forests. This Act requires the approval of the Central Government before a state de-reserves a reserved forest, uses forest land for non-forest purposes, assigns forest land to a private person or corporation, or clears forest land for the purpose of reforestation.

5.

Air ( Prevention and Control of Pollution) Act, 1981 This act was established to counter the problems associated with air pollution. This act provides means for the control and abatement of air pollution.

Under this Act, establishing or operating any industrial unit in the pollution control area requires consent from state boards.

Ambient Air Quality standards were established under this Act. The states are required to prescribe emission standards for industry and automobiles after consulting the Central Board and considering Ambient Air Quality Standards.

6.

The Wildlife (Protection) Act, 1972, Amendment 1991.

The WPA empowers the Central and State governments to declare any area as a wildlife sanctuary, national park or closed area.

It provides authority to administer and implement the Act.

Objective of the Act:

i.
ii.

iii.

To regulate the hunting of wild animals. To protect specified plants, sanctuaries & national parks. To restrict trade or commerce of wild animals or animal articles.
A few species classified as vermin may be hunted without restrictions.

7.

The Environmental (Protection) Act, 1986

After the review of existing legislations on environment like Water Act 1974, Air Act 1981 etc Environmental Protection Act, 1986 was legislated to plug the gaps and to provide a single focus for environmental issues.

Bhopal Gas disaster during 1984 also was one of the factors which influenced the enactment of this Act. This Act is an umbrella legislation designed to provide a framework for the coordination of Central and State Authorities established under the Water Act 1974 and Air Act 1981.

1.

Under this Act, the Central Govt. is empowered to take measures necessary to protect and improve the quality of the environment by: Setting standards for emissions and discharges.

2.

Management of hazardous waste.

Giving deterrent punishment to those who endanger human environmental safety and health. Protection of public health and welfare.

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4.

 i.

Salient features of the Act: Before setting up of any industry, Environmental Impact Assessment(EIA) is to be carried out EIA: A formal process used to predict the environmental consequences of any developmental project. Environmental Aspects: Element of an organizations activities, products are services that can interact with the environment.

Environmental Impact: Any change to the environment whether adverse or beneficial, resulting from the organizations aspects. While identifying the aspects, the organization must consider the following: Emissions to air. Discharges to water Contamination of land Releases like noise, radiation, light, vibration etc. Other wastes.

1. 2.

3.
4. 5.

The most popular model which is used for identifying aspects of an organization is Input / Output model. Example: Identification of aspects in case of irongrill welding operation:
Finished grill Iron flats Gas emission Electrode scrap

Input

Welding electrode Electrical energy Hand gloves

Iron-grill Welding operation

Light emission Paint spillage

Empty paint cans

Used hand gloves

Paint

Environmental impacts created by the aspects:

1. 2. 3.

4.

Gas emission - Air pollution Paint spillage - Land pollution Used paint cans - Recycled Used hand gloves - Land pollution.

 Purpose of Environmental assessment:

1. To support the goals of environmental protection & sustainable development 2. To integrate environmental protection & economic decisions at the earliest stages of planning 3. To predict the consequences of a proposed activity & to assess plans to mitigate any adverse impact.

ii.

The project report of new factory is required to incorporate a separate chapter on environmental issues / concerns. For selected polluting industrial projects which come under the licensing system, a formalized procedure has evolved so as to ensure that environmental considerations are taken into account right at the site selection stage itself. Central Govt. has been vested with the power of entering and inspecting any place through any agency authorized by it.

iii.

iv.

8.

Public Liability Insurance Act (PLIA), 1991 The main objective of the Public Liability Insurance Act 1991 is to provide for damages to victims of an accident which occurs as a result of handling any hazardous substance. The PLIA was amended in 1992

Public Liability Insurance Act (PLIA), 1991

Under this act, in case of death or injury (permanent total or permanent partial disability) to any person (other than a workman) or damage to any property has resulted from an accident, the owner shall be liable to provide with monetary relief as specified in the Schedule for such death, injury or damage.

Public Liability Insurance Act (PLIA), 1991

Duty of the owner to take one or more insurance policies before handling any hazardous substance. The owner must renew the policy from time to time before expiry of the period of validity Insurance policy taken out or renewed by an owner should not be less than the amount of the paid-up capital of handling any hazardous substance

Public Liability Insurance Act (PLIA), 1991 Most Important Reason For enforcement of this act: Bhopal Gas Leak Case The innovative Public Liability Insurance Act of 1991 required factory owners to insure against potential personal injury and property damage in surrounding communities

Benefits of Public Liability Insurance Act:

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2.
3. 4. 5.

Provides cover against claims Imposes no fault liability Relief and reimbursement Power to approach courts Imposes penalty for contravention and failure to comply with direction

Shortcomings of the act:

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2.
3. 4. 5. 6.

Amount of compensation is too meager Improper Implementation of the Act Slow legal process Complications of the act Misuse of powers Change in social scenario

Insecticides Act 1968

This act regulates the import, manufacture, sale, transport, distribution and use of insecticides with a view to prevent risk to human beings or animals. As per the act, for the purpose of registration - any person desiring to import or manufacture any insecticide may apply to the Registration Committee for the registration of such insecticide with a separate application for each such insecticide.

This is done only after the committee sets an inquiry & satisfies itself that the insecticide conforms to the claims made by the importer or by the manufacturer, and on payment of such fee as may be prescribed. The central government has the right to call the insecticide registration committee to examine any record

Motor Vehicles Act

The motor vehicles Act, 1939 consolidates and amends the law relating to motor vehicles. Various Committees, like, National Transport Policy Committee, National Police Commission, Road Safety Committee, Low Powered Two Wheelers Committee, as also the Law Commission have gone into different aspects of road transport.

Some of the important modifications so suggested related for taking care of (a) the fast increasing number of both commercial vehicles and personal vehicles in the country ; (b) the need for encouraging adoption of higher technology in automotive sector; (c) concern for road safety standards, and pollution-control measures, standards for transportation of hazardous and explosive materials;

(d) simplification of procedure and policy liberalizations for private sector operations in the road transport field ; and (e) need for effective ways of tracking down traffic offenders. However, there were some amendments made in the Motor Vehicles Atc 1939 in order to deal with ever changing technology

Motor Vehicles Amendment Act 27 of 2000 To reduce the vehicular pollution and to ensure the safety of the road users.

Facilitating the use of eco-friendly fuel including Liquefied Petroleum Gas (LPG) is being permitted.

Motor Vehicles Amendment Act 39 of 2001

By the Motor Vehicles (Amendment ) Act, 1994, amendments were made to make special provisions to provide that vehicles operating on ecofriendly fuels shall be exempted from the requirements of permits The intention in bringing the said amendments was to encourage the operation of vehicles with such eco-friendly fuels.

However, it has been observed that during the last several years, not only the supply of ecofriendly fuels like CNG has increased tremendously, a large number of vehicles have come on the road which are operating without any requirement of permits