environmental policies & practices.pptx

Environment policies and practices

1. ENVIRONMENTAL POLICIES & PRACTICES By:- Jyoti Singh Department of zoology Asansol Girls‘ College

2. INTRODUCTION On 5th June 1972 , environment was first discussed as an item of international agenda in the U.N. Conference of Human Environment in Stockholm and thereafter 5th June is celebrated all over the world as World Environment Day . India is the first country in the world to have made provisions for the protection and conservation of environment in its constitution S oon, after the Stockholm Conference our country took substantive legislative steps for environmental protection. The Wildlife Act was passed in 1972, followed by the Water Act 1974, the Forest (Conservation) Act, 1980, Air Act in 1981 and subsequently the Environment Act, 1986.

3. CONSTITUTIONAL PROVISIONS FOR PROTECTION OF ENVIRONMENT Initially, the constitution of India had no direct provision for environmental protection. Global consciousness for the protection of environment in 1970s, Stockholm Conference and increasing awareness of the environmental crisis prompted the Indian government to enact 42nd amendment to the constitution in 1976. The constitution was amended to introduce direct provision for the protection of environment. The 42nd amendment added ARTICLE 48-A to the directive principles of state policy, while the ARTICLE 51-A (g) deals with the fundamental duties of the citizens. Article-48-A of the constitution provides: ‘’ The state shall endeavour to protect and improve the environment and to safeguard f orest and wildlife of the country.”

4. Article 51-A (g) Provides: It shall be duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife an to have compassion for living creatures. ” Thus the protection and improvement of natural environment is the duty of the State (Article 48-A) and every citizen [Article 51- A (g)]. Article 25 3: Parliament has power to make any law for the whole or any p art of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.

5. ENVIRONMENT PROTECTION ACT (EPA,1986) The Environment Protection Act, November 19, 1986 was enacted to take appropriate steps for the protection and improvement of the environment and to prevent hazards to human beings, living creatures and property. It regulates the impact of human activitys on the environment . Salient features of the act: The Act gives certain power to the central government to take measures for the purpose of protecting and improving the quality of environment and to prevent environmental pollution on the various matters: the standard of quality of air, water and soil. the maximum allowable limits of pollutant the procedure for the handling of a hazardous substances the prohibition and restriction on the location of industries the procedures and safeguards for the protection of accident .

6. Central government is most powerful i.e., it takes all the necessary measures for environment protection. Environmental labs are established or authorised by central and state government. St andards are laid down by central government and State Government. Stringent penalties and punishments are there for those who ever violate the law H azardous waste is a defined and special procedures are laid down. Lo cus standi is relaxed any person can file a case. Th is is an umbrella legislation .

7. Drawbacks of the Act: C omplete Centralisation of the Act No Public Participation I ncomplete Coverage of Pollutants Amendments to the EPA, Rules:   Environmental Impact Assessment: Under the Environment (Protection) Rules, 1986, an amendment was made in 1994 for Environmental Impact Assessment (EIA) of various development projects. EIA of all specified projects falling under sectors such as Industries, Mining, Irrigation, Power, Transport, Tourism etc., require clearance from Central Government before establishment. Biomedical and Hazardous Wastes: U nder EPA 1986, the Central Government has also made Biomedical and Hazardous Waste (Management and Handling) Rules, 1989.

8. Environmental Audit: The Government of India promulgated an amendment to the EPA rules, 1992. Every person carrying on any industry or operation requiring consent under the Water Act, 1974 or Air Act, 1981 or hazardous waste rules, 1989 issued under EPA, 1986 shall submit an environmental audit report for each financial year ending 31st March in a prescribed form to the State Pollution Control Board. This form covers information of quantity of raw materials consumed including water per unit of product, total production, quantity of pollutants and hazardous wastes as well as the extent of recycling and reuse.

9. AIR (PREVENTION AND CONTROL OF POLLUTION) ACT 1981 The Air (Prevention and Control of Pollution) Act of 1981, or the Air Act, was a law passed by the Parliament of India  to prevent and control the harmful effects of air pollution in India . This act is seen as the first concrete step taken by the government of India to combat air pollution. Salient features of the Act: The Air Act was passed under Article 253 of the Constitution of India and in pursuance of decisions of Stockholm Conference The objective of this Act is to provide means for the prevention, control and abatement of air pollution in order to preserve the quality of air. The Act defines relevant terms such as air pollution, air pollutants as; Air pollution is defined as the presence of any liquid or gaseous substances in the atmosphere in such a concentration which tends to be injurious to man, animals, plants or environment. Ai r 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.

10. The Act provides the declaration of certain heavily polluted areas as Air pollution control area and no industrial plant shall be operated in these areas without prior consent of the State Pollution control board. The Central and State Boards have been entrusted with the task of controlling and preventing air pollution and accordingly they have been redesigned as Central Pollution Control Board and State Pollution Control Board respectively. Under this Act, the State Government in consultation with the respective Board may give instructions to the concerned Authority in-charge for Registrations under the Motor Vehicles Act , 1988, to ensure emission standards for automobiles. Failure to comply with the conditions prescribed for this purpose is punishable with fine and imprisonment. The State Boards have powers to sue a polluter in a court of law to punish him for polluting the air and the expenses incurred by the Board will be recovered from the polluter.

11. The Boards have powers to authorise any person to inspect the premises of the polluter and to collect samples of emissions from chimneys, flues, ducts or any other outlets for the analysis of pollutants . The failure to comply with the Central Pollution Control Board directives would result in  imprisonment of 1 year.   It can be extended to 6 years with a fine with the additional fine of 5000 Rs per day  added provided the directives are still not met. The  Act grants power to SPCB  and to  test equipment and to take the sample  for the purpose of analysis from any chimney, fly ash or dust, or any other. The 1988 amendment act empowered SPCB and CPCB to close a defaulting industrial plant. Notably  in 1987, amendment introduced citizen’s suit provision into the Air Act and extended the Act to include noise pollution.

12. WATER (PREVENTION AND CONTROL OF POLLUTION) ACT W ater (Prevention and Control of Pollution) Act Was passed in 1974 . This is an Act to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out the purposes of Prevention and control of water pollution,. The Act provides for maintenance and restoration of quality of all types of surface and ground water. It provides for the establishment of Central and State Boards for pollution control. T he Act assigns powers and functions to these Boards to control pollution. The Central and State Pollution Control Boards are given comprehensive powers to advise, coordinate and provide technical assistance for prevention and control of water pollution. Th e Act prohibits disposal of any poisonous, noxious or polluting matter to the flow of water in a stream. However, dumping of any material into a stream for the purpose of reclamation of land is not considered an offence.

13. T he Act provides for severe and deterrent punishments for violation of the Act which includes fine and imprisonment. Functions of Central Pollution Control Board (CPCB): CPCB advises the Central government in matters related to prevention and control of water pollution. It c oordinates activities of State Pollution Control Boards and provides them technical assistance and guidance. They o rganize comprehensive programs on pollution related issues through mass media and lay down standards for water quality parameters. It C ollects , compiles and publishes technical and statistical data related to pollution. Prepares manuals for treatment and disposal of sewage and trade effluents and establishes laboratories for analysis of water, sewage or trade effluent samples.

14. Functions of State Pollution Control Board (SPCB): The SPCB has similar functions to be executed at state level and are governed by the directions of CPCB. SPCB advises the State government with respect to the location of any industry that might pollute a stream or river. It lays down standards for effluents entering the water bodies. The State Board has powers to obtain information, to take samples of effluents from any industry, to sanction or refuse consent of the industry, to make survey of any area and gauge and keep record of the volume and other characteristics of any stream or well. Every industry has to obtain consent from the Board (granted for a fixed duration) by applying on a prescribed proforma providing all technical details along with a prescribed fee following which analysis of the effluent is carried out.

15. A person empowered by the Board has the right to enter, inspect and examine any plant, record, register, document or any other material object, or for conducting a search of any place where he has reason to believe that no offence of water pollution is committed. The Board has powers to restructure the outlets for dumping pollutants. The Board suggests efficient methods for utilization, treatment and disposal of trade effluents. Installation and proper functioning of effluent treatment plants in all polluting industries is a must for checking pollution of water and land. D espite certain limitations in the Act, the Water Act has ample provisions for controlling water pollution through legal measures.

16. FOREST (CONSERVATION) ACT, 1980 T he act came into force on 25 October 1980. It is an Act of the Parliament of India that was enacted for providing a higher level of protection to forests and to regulate diversion of forest lands for non forest purposes. The Act covers all types of forests including reserve forests, protected forests or any forested land irrespective of its ownership. The Act has made ample provisions to check deforestation and encourage afforestation of non-forest areas. The National Forest Policy (1980) prohibits State governments for declaring any portion of forests as non-reserved without approval of Central government. The policy also prohibits State government for allotting any forest land for non-forest purposes. T he amended Act (1988) prohibits lease of forest land to anybody other than the government. It enhances conservation, plantation and increase of forest cover to an average of 30%.

17. The act makes a provision of a prior approval of the Central Government necessary before a State Government or any other authority issues direction for dereservation of reserved forests, use of forest land for non – forest purpose, assigning forest land by way of lease or otherwise to any private person or to any authority, corporation, and agency. Penalty for contravention of the provisions of the Forest (Conservation) Act, 1980 that whoever contravenes or abets any of the provisions shall be punishable with simple imprisonment for a period which may extend to fifteen day. Amended Forest Act, 1992: The Act made provision for allowing some non-forest activities in forests without cutting trees with prior approval of Central government. These activities include setting of transmission lines, seismic surveys, exploration, drilling and hydroelectric projects.

18. Wildlife sanctuaries, National Parks etc. are totally prohibited for any exploration or survey without prior approval of Central government even if no tree felling is involved. Cultivation of tea, coffee, spices, rubber, mulberry for rearing silk worms and cash crops are included under non-forestry activities and are not allowed in reserve forests. Even cultivation of fruit bearing trees, oil yielding plants or medicinal plants in the forest area need to be first approved to maintain the balance in the ecology of the forest. Mining is a non-forestry activity and prior approval of Central government is mandatory. Any proposal sent to Central government for non-forest activity must have a cost benefit analysis and also Environmental Impact Statement (EIS) of the proposed activity. More stringent penal provisions are made against violators of the Act.

19. Drawbacks of the Forest (Conservation) Act: This Act has just transferred the powers from States to Centres to decide the conversion of reserve forest lands to non-forest areas. Thus powers have been centralized at the top. The Act has failed to attract public support because it has infringed upon the human rights of the poor native people. Very marginal participation of the poor community in the Act remains one of the major drawbacks which affects proper execution of the Act. Forest dwelling tribal communities have a rich knowledge about the forest resources, their values and conservation. But their role and contribution is neither acknowledged nor honoured. Efforts are now being made to make up for gaps in laws by introducing the principles of Public trust or Human rights protection.

20. THANK YOU ALL