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INDEX
Introduction

Page Number
2

General (Environment Protection) Legislations

The Environment Protection Act, 1986

The Environment (Protection) Rules, 1986

The Hazardous Wastes (Management And Handling) Rules, 1989

The Public Liability Insurance Act, 1991

The Municipal Solid Wastes (Management) Rules, 2000

The Noise Pollution (Regulation And Control) Rules, 2002

Forest And Wildlife Protection Legislations

Indian Forest Act 1927 And Amendment 1984

Wildlife Protection Act 1972

10

Water Pollution Protection Legislations

The Easement Act, 1882

11

The Indian Fisheries Act, 1897

11

The Inland Stream Vessel Act, 1917

11

The River Boards Act, 1956

12

The Water (Prevention And Control Of Pollution) Act, 1974

12

Air Pollution Protection Legislations

The Factories Act, 1948

13

The Air (Prevention And Control Of Pollution) Act, 1981

14

The Air (Prevention And Control Of Pollution) Rules, 1982

15

Conclusion
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16

INTRODUCTION
In 1960s environmental law did not exist as a discrete domestic and international legal category.
It means that there was no separate law as to the environment. Modern environmental protection,
in 19th century included public health and resources conservation laws and in private, legal
actions for damage of pollution. Environmental law has roots in private actions which protects
the use and freedom of enjoyment of land, abuse of rights, and in the public health reform laws.
However in the late 19th and early 20th centuries, there was no appreciation of the idea from
many, that ecosystems, water and air masses were geographical units that should be the subject
or concept of special legal protection. When the idea was accepted in the 1960s, legal protection
of air, water, soil and ecosystems, quickly followed, particularly in USA, Europe, Australia and
New Zealand. Since then, environmental protection has become an important element of the
domestic legal systems of all developed countries and many developing country. Since the
1980s, environmental law has also become an important component of international laws. Some
of the issues of environmental laws are conservation, protection and improvement of human
environment, which are the major issues. Human environment are classified into two, as physical
environment and biological environment. Physical environment covers land, water and air.
Biological environment are independent.
Further the environment protection act 1986, was adopted to provide for the protection and also
for the improvement of the quality of environment and preventing, controlling environment
pollution. The act came into existence soon after the Bhopal gas tragedy. Then further,
environment has also defined to include water, air and land and the inter relationship which
exists among and between water, air and land and human beings, plants, property etc.
Constitution of India states that it is the duty of the state to improve and protect environment, and
to also safeguard the forest and wildlife of the country. The department of environment in India
came I into force in the year 1980, later it became the ministry of environment and forests in
1985.
The protection of environment is the responsibility of both the central and state government. And
the environment day is celebrated on June 5th every year.

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The following is the list of the environmental legislations that have come into force:
-General
-Forest &wildlife
-Water
-Air

Taj Mahal Case

In the case of Taj mahal, located in Delhi, India the Supreme Court regulated certain conditions
that if coal and coke based industries in Taj Traspezium which were actually creating problems
to Taj must change to natural gas or it must be re located outside the Taj Traspezium. The
protection against plants planted in and around Taj was directed by the Supreme Court by which
the protection is done by the forest department under the forest divisional officer. Agra has to
also take steps for looking after the watering of the plants located in an around. On the basis of
the copy of the report the union government is made to release the funds at the earliest, without
waiting for the receipt of the U.P government. Further in any case, for the want of funds the
officer is appointed to make sure that the plants does not get washed away.

Dehradun Valley Case

In this case, the upset the hydrological system of the valley had certain reason, that carrying
haphazard and very dangerous limestone quarrying in Mussorie Hill of the Himalaya mines
blasting out the hills with the dynamite and also extracting limestone from thousands of acres of
land. The Supreme Court observed and also closed down the limestone quarrying in the hills. But
it is a price that has to be definitely paid for the protection and also for the safeguarding the right
of the individual to live in a really healthy environment. And also with the minimum disturbance
of ecological balance.

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Sri Ram Food and Fertilizer Case

In this case there was high leakage of oileum gas which actually affected a very huge number of
people in public as well as in the work place. If any individual is affected by any hazardous
activity or by any dangerous activity by the enterprise, which may be by accident or not, the
Supreme Court says that such a liability is not subject to any exception.

The Environment (Protection) Act - 1986

The Department of Environment was established on 1980 in India. Later stages in the year 1985
it became Ministry of Environment and Forests. Environment Protection Act of 1986 came into
force soon after the Bhopal Gas Tragedy. The main objective of Environment Protection Act of
1986 is to provide protection and improvement of environment.
In Environment Protection Act, article 48A, specify that the State shall protect and improve the
environment and to safeguard the forests and wildlife of the country.
According to sec 51(A) every citizen shall protect the environment. Environment Protection Act
is applicable to whole India, including Jammu &Kashmir.
Environment Protection Act is said to be umbrella legislation because it is comprise of various
Central and State agencies under previous legislations such as Water Act, Air Act, etc.
Environment It includes air, water, land, forest or any other natural element which directly
have the relation with human beings, animals, living creatures, etc.
Environmental Pollutant refers to those elements which are in the form of air, water present in
the environment which cause harm to the environment, or tend to be injurious to environment.
Powers provided by the act to government:

Section (3): may constitute authority or authorities for the purpose of exercising of
performing such of the powers and functions.

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Section (4): may appoint a person for inspection.

Section (5): may issue directions in writing to any officers or any authority to comply.

Section (6): it empowers the government to make rules to achieve the object of the Act.

Section (7): persons carrying on industry, operation etc. not to allow emission or
discharge of environmental pollutants in excess of the standards.

Section (8): persons handling hazardous substances must comply with procedural
safeguards.

Penalty for non-compliance

The owner of the company, factory or organization who fails to comply with Environment
Protection Act shall be punishable with imprisonment for a 5years. Along with the 5 years of
imprisonment they may pay fine up to Rs.1,00,000 or with both. If owner further fail to comply
after imprisonment and payment of fine or both he may get a fine of Rs 5000 per day, still if not
comply

for

more

than

one

year,

then

he

may

get

maximum

of

years.

Moreover, the state or Central Board has the power to close or cancel the licence to run the
business whichever is causing pollution.
The Environment (Protection) Rules - 1986
The rules for protecting environment given by Ministry Of Environment & Forest is known as
The Environment (Protection) Rules, 1986. Ministry Of Environment & Forest lay down rules
for various elements of industries and companies. They set standards for emission and discharge
of environment pollutants. The Central Pollution Control Board of India is established to look
after these rules for industry and companies. It is a statutory organization body established in
1974 under Water (Prevention and Control) Act of 1974. This Board serves as controlling and
also provides technical support to Ministry Of Environment & Forest of The Environment
(Protection) Rules, 1986.
The Hazardous Wastes (Management and Handling) Rules - 1989
Handling and managing the waste generated by companies or industries is not easy. There is
separate regulatory board which is known as U.P Pollution Control Board. This U.P Pollution
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control Board gives various rules and regulations in accordance with the guidelines of Ministry
Of Environment and Forest, for handling and managing the wastes.
The main aim of these rules and regulation is to protect the environment by using correct
measures of handling and management of hazardous wastes. It gives regulatory mechanism and
specifies the procedures for safe and proper handling of wastes. It includes regulations for
collection, managing, treating, storing and disposal of hazardous wastes. After getting the waste
from manufacturing process or any other processes the waste should be transferred to hazardous
waste site. The owner of that site should ensure that the hazardous waste is packages in a
condition which is suitable for storing, handling and transporting and these should be withstand
the effects from physical condition as well as climate factors. All these activities i.e. packaging,
labelling, transporting should be in accordance with the rules given by the Central Government
under Motor Vehicles Act of 1988 and other guidelines.
The Public Liability Insurance Act 1991
Growth rate of industries were very high in recent times. It leads to raise in the growth f
hazardous industries which may cause industrial accidents. It causes harmful not only to the
employee who employed in such situation but also to the general public who lives in the
surrounding. A record says that people who are affected by these industrial accidents are from
economically weaker section of the society. And they suffer much due to delayed relief and
compensation. To help the people who suffers from industrial accidents during hazardous
installation. To prevent this uncertainty the Public Liability Insurance Bill was introduced in the
parliament. According to this bill it is mandatory to provide Public Liability Insurance from the
company which is the reason for hazardous accidents.
The Public Liability Insurance Act of 1991 is aims at providing public liability insurance for the
purpose of providing immediate relief to the persons affected by accident occurring while
handling any hazardous substance or matters connected.

The biomedical waste (management and handling) rules of 1998

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The biomedical waste management and handling rules is a legal binding on all the healthcare
institutions to streamline the process of proper handling of hospital waste such as disposal,
collection, segregation and treatment. With a view to control the indiscriminate disposal of
hospital waste or biomedical waste, MOEF has issued a notification on biomedical waste
management under the environment protection act. Government of NCT Delhi in its notification
dated on 6th July, 1999, has authorized Delhi pollution control committee (DPCC) for the
purpose of granting authorization for reception, collection, treatment, storage and disposal of
biomedical waste to implement the biomedical waste management rules of 1998.
The municipal solid wastes (management and handling) rules of 2000
The municipal solid wastes management and handling rules 2000, this is been applied to every
municipal authority responsible for the processing, collection, segregation, transportation,
storage and disposal of municipal solid wastes which consists of demolition debris, household
waste, sanitation residue and waste from streets. This garbage is generated mainly from
commercial complexes and residential complexes. Under these rules, it is compulsory on the part
of all the municipal authorities to arrange for transportation, segregation and suitable disposal of
all municipal wastes of the municipal towns or cities.
The noise pollution (regulation and control, amendment) rules of 2002
The noise pollution rules laid down by the regulation and control amendment says that some
terms and conditions are there necessary to reduce noise pollution and permit use of loud
speakers or public address systems during night hours (between 10:00 pm to 12:00 midnight) on
or during any religious or cultural festive season. These rules are applied to diesel generator sets
as well. According to this act the maximum sound pressure that is allowed for new (DG) sets
with capacity up to 1000 KVA, manufactured on or after July 1, 2003, will be 75 decibel at 1
meter from the surface of enclosure. Moreover, towards following these rules, the DG sets
should be provided with an integral acoustic enclosure at the stage of manufacturing itself.

Forest and wildlife

Indian Forest Act 1927 and Amendment 1984
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Indian Forest Act 1927 and Amendment 1984 enacted by the Indian parliament for rapid
deforestation and the resulting environment degradation. This act was enacted to consolidate the
law related to forest, the transit of forest produce, and the duty chargeable against timber and
other forest produce. This act tell what a forest offence is, what are the acts prohibited inside a
reserved forest, what are the penalties that can be imposed on the violation of the provisions of
the act and the procedure to be followed for declaring an area to be a reserved forest, a protected,
or a village forest.
Forest (conservation) Act 1980 and rules 1981
This Act was enacted by the parliament to check further deforestation and conserve forests.
Forestry laws govern activities in designated forest lands, most commonly with respect to forest
management and timber harvesting. It strictly restricts and regulates the de-reservation of forests
or use of land for non-forest purposes without the prior approval of Central Government. This
Act also lays down the pre-requisites for the diversion of forest land for non-forest purposes.
Governmental agencies are generally responsible for planning and implementing forestry laws
on public forest lands, and involved in forest inventory, planning and conservation and oversight
of timber sales. The Act provides for the punishment of imprisonment, extendable to fifteen days
for the contravention of the provisions of the Act. These punishments are given by Government
Departments, including Head of departments and authorities. Persons can escape criminal
liabilities if they can prove that the offence was committed without their knowledge, they had
exercised all due to diligence to prevent the committing of such offences

CASE LAWS: Felling of trees Whether act applies to trees standing on privately owned land?
Following the view in the decision of Supreme Court as reported In AIR 1997 SC 1228, the Act
applies to any forest land whether declared as private Forest or not, and whether the forest is a
reserve forest or not Once the land satisfies the Description of being a forest land, it has to be
taken that the Act would have application And no permission to fell trees could be granted
without prior concurrence of the Central government.
Wildlife Protection Act 1972

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Wildlife Protection Act 1972, Rule 1973, and Amendment 1991 was to provide for the protection
of birds and animals. This Act empowers the central and state governments to declare any area a
wildlife sanctuary national park, or closed area. There is a ban on carrying out any industrial
activity inside protected areas. It provides for authority to look after and to implement the Act to
regulate the hunting of wild animals, protect specified plants, sanctuaries, national parks, and
closed areas, and restrict trade or commerce in wild animals articles and miscellaneous matters.
The Act prohibits hunting of animals except with permission of authorized officer when an
animal has become dangerous to human life or property or is disabled or diseased beyond
recovery. Wildlife laws govern the potential impact of human activity on wild animals.
Regulatory efforts may including the creation of special conservation statuses, prohibitions on
killing, harming, or disturbing protected species, efforts to induce and support species recovery,
establishment of wildlife refuges to support conservation, and prohibitions on trafficking in
species or animal parts to combat poaching. This Act provides with imprisonment for extent of 3
years, or fine extending up to Rs 25000 or both.

WATER POLLUTION PROTECTION LEGISLATIONS

The Easement act 1882
Easement act is an act where the owner of the land enjoys his rights for the beneficial enjoyment
of that land to do or continue to do something, or to prevent and continue to prevent something
being done, in or upon or in respect of, certain other land not his own. The land for the beneficial
enjoyment of which the right exists is known as dominant heritage, and the owner is therefore
called as a dominant owner. Further the owner of the land is also called servient owner this is
because the land on which the liability is imposed is called the servient heritage. In the above,
land basically includes things permanently attached to the earth. Beneficial enjoyment includes
possible convenience, remote advantage etc, to do something includes removal and
appropriation by the dominant owner, for the beneficial enjoyment of the dominant heritage.
Easement can be the following example.
A, as the owner of a certain house, has the right to conduct water from Bs stream to supply the
fountains in the garden attached to the house. This is an easement.
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The following right is not an easement.

A dedicates to the public the right to occupy the surface of certain land for the purpose of passing
and re-passing. This is not an easement.
The Indian Fisheries Act 1897
The Indian fisheries act 1897 is an act to provide for certain matters relating to fisheries. In this
act, unless there is anything repugnant in the subject or context- fish includes shell-fish, fixed
engine means any net, cage, trap or other contrivance for taking fish, fixed in the soil or made
stationary, private water means water which is exclusive property of any person. Further this
act says that if any person uses any dynamite or other explosive substance in any water with
intent thereby to catch or destroy any of the fish that may be therein, he shall be punishable with
imprisonment for time period for two months, which may also extend more than two months, or
with fine which may extend to two hundred rupees. If any person puts any kind of poison, lime
or noxious material into any water with intend thereby to catch or destroy any fish, he shall be
punishable.
The Inland Stream Vessel Act 1917
This act basically means Inland vessel or inland mechanically propelled vessel means a
mechanically propelled vessel which ordinarily plies on any inland water. Inland water means
any canal, river, lake etc., mechanically propelled vessel means every description of vessel
propelled wholly or in part by electricity, stream or other mechanical power, passenger includes
any person carried in a mechanically propelled vessel other than the master and crew and the
owner, his family and servants, prescribed means prescribed by any rules under this particular
act.
The inland vessel act 1917 was later modified to the 1st November 1986. This act extends to the
whole of India except the state of Jammu and Kashmir.

The River Boards Act 1956

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River board were authorities who actually controlled land drainage systems, fisheries and river
pollution and also had other functions relating to rivers, streams and inland waters in England
and Wales between 1950-1965.
This is an act to provide for the establishment of river for the regulation and development of
inter-state rivers and river valleys.
The Water (Prevention And Control Of Pollution) Act 1974
This is an act to provide for the prevention and control of water pollution and maintaining or
restoring of water with a point of view to carry out the purposes of boards for the prevention and
control of water pollution for conferring on and assigning to such boards power and functions
relating for matters relating or connected to it.
KINNARD FARMS CAFO EXPANSION WATER POLLUTION PERMIT CHALLENGE.
In October 2012, neighbors of the proposed expansion of a large, concentrated animal feeding
operation (CAFO) filed a petition with the Wisconsin Department of Natural Resources (DNR)
to request a review of the water pollution permit issued to Kinnard Farms Inc. in the Town of
Lincoln, Kewaunee County, Wisconsin.
Petitioners are concerned that an expansion of Kinnards industrial dairy will produce so much
farm waste that its plans to manage, store, and spread manure on area land will result in runoff
into area surface and downstream waters, and will contaminate the groundwater on which the
families rely for drinking water. The DNR issued the permit before the CAFOs design plans for
the expanded facility were complete and reviewed and approved by the DNR. This denied the
publics right to review and voice their concerns about the expansion and hampered the agencys
ability to determine whether additional conditions or monitoring were necessary to protect the
areas land and water. The agency also did not include a limit on the number of cows at the
dairy, which is essential to an enforceable permit.
The five petitioners live near or share property lines with the proposed CAFO expansion and
have deep concerns about the impact of the dairys waste management on the health of their
families, their land and their water. Some have lived their entire lives in the rural town. To them,

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property means more than acreage. Their land is their home, where they have raised children,
enjoyed recreation and wildlife, peace, quiet and fresh country air.
But they also understand the geological features of the Karst region, which has deeply cracked
land that does not filter rain or runoff like other soils do and is particularly prone to groundwater
pollution. Polluted groundwater is already a health concern for people who live in the area.
According to Kewaunee County Land and Conservation Department records, 50% of private
wells tested in the Town of Lincoln are unsafe to drink, either because they tested positive for
total coliform bacteria or because they exceed groundwater quality standards for nitrates (for an
interactive map of groundwater quality in Wisconsin,. Further, for residents with asthma and
chronic obstructive pulmonary disease, living near manure lagoons filled with the untreated
waste from thousands of cows turns fresh, country air into aggravated health problems.
After citizens filed their petition with the DNR, the agency granted the request for a contested
case hearing with the Wisconsin State Division of Hearings and Appeals. Kinnard Farms
intervened and asked the Division to dismiss the case. The appeals division dismissed the request
for summary judgment and a contested case hearing was held in Green Bay on February 11-14.
Attorneys completed a briefing schedule and Midwest Environmental Advocates filed the on
behalf of the petitioners on June 27, 2014. State Division of Hearings and Appeals Judge Boldt
now has 90 days to decide the outcome of the case.
AIR POLLUTION:
Air pollution occurs when the air contains gases, dust, fumes or odor in harmful amounts. That is
which could be harmful to the health of living beings on earth
AIR POLLUTION PROTECTION LEGISLATIONS:
A brief account of major air pollution protection legislations are given below
THE FACTORIES ACT, 1948
The Factories Act, 1948, was the first to express concern about the working environment of the
workers. It is an Act to consolidate the workers in the factory. It ensures the safety and health of
the workers, the Act contributes to environmental protection. The Act contains a comprehensive

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list of 29 categories of industries involving hazardous processes, which are defined as a process
or activity where unless special care is taken, raw materials used therein or the intermediate or
the finished products, by-products, wastes or effluents would:
(a) Cause material impairment to the health of the persons engaged
(b) Result in the pollution of the general environment
The amendment of 1987 has concentrated more on the environment and given stricter guidelines
regarding hazardous processes. The amendment needs to follow the compulsory disclosure of
information by the occupier of every factory involving a hazardous process:
(1) The occupier of every factory must disclose all the dangers and hazards that the workers, and
people around the factory face and also mention the measures to overcome these hazards
(2) The occupier shall, at the time of registering theknown to the workers employed therein and
to the general public living in the area of the factory the safety measures required to be taken in
the event of an accident taking place.
(5) Every occupier of a factory shall inform the Chief Inspector of the nature and details of the
process in such form and in such manner as may be prescribed.
6. If the occupier of a factory doesnt follow the provisions of subsection (5), the license issued
under Section 6 to such factory shall, be liable for cancellation.
7. The occupier of a factory involving a hazardous process shall, with the previous approval of
the Chief Inspector, lay down measures for the handling, usage, transportation, and storage of
hazardous substances inside the factory premises and the disposal of such substances outside the
factory premises and publicize them in the manner prescribed among the workers and the general
public living in the vicinity.

The Air (Prevention and Control of Pollution) Act, 1981

The objective of this Act is to provide for the prevention, control and abatement of air pollution,
for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for

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conferring on and assigning to such Boards powers and functions relating thereto and for matters
connected there with.
The main functions of the Central Board, as specified in Section 16 of the Act.

Advise the Central Government on any matter concerning the improvement of the quality
of air and the prevention, control or abatement of air pollution

Plan and cause to be executed a national wide program for the prevention, control or
abatement of air pollution

Coordinate the activities of the State Boards and resolve disputes among them

Provide technical assistance and guidance to the State Boards, carry out and sponsor
investigations and research relating to problems of air pollution and prevention, control
or abatement of air pollution

Plan and organize the training of persons engaged or to be engaged in programs for the
Can prevention, control or abatement of air pollution on such terms and conditions as the
Central Board may specify

Organize through mass media a comprehensive program regarding the prevention,

control or abatement of air pollution

Collect, compile and publish technical and statistical data relating to air pollution and the
measures devised for its effective prevention, control or abatement and prepare manuals,
codes, or guides relating to prevention, control or abatement of air pollution

Lay down standards for the quality of air

Collect and disseminate information in respect of matters relating to air pollution

Perform such other functions as may be prescribed, under Rules or under an Order.

The Air (Prevention and Control of Pollution) Rules, 1982

The Air (Prevention and Control of Pollution) Rules, 1982, define the procedures of the meeting
of the Central Pollution Control Boards and the powers entrusted to them.
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The Atomic Energy Act, 1982

The Atomic Energy Act, 1982, deals with the radioactive waste. The Act provides for the
development, control, and use of atomic energy for the welfare of the people of India and for
other peaceful purposes and for the matters connected therewith. The purpose of the Atomic
Energy Act (AEA) is to assure the proper management of source, special nuclear material, and
byproduct material.

The Air (Prevention and Control of Pollution) Amendment Act, 1987

The Air (Prevention and Control of Pollution) Amendment Act, 1987, empowers the Central and
State Pollution Control Boards (SPCBs) to meet with grave emergencies of air pollution.

CONCLUSION:
Environment pollution are affecting all the countries therefore awareness towards improving the
quality of environment has drastically increased and all efforts are being made at to decrease the
environmental pollution and help in improving the quality of life.

The main focus of environment management is to utilize the resources properly and
control and recycling of the resources for maintaining a balanced ecosystem.

The effective environmental management is based on scientific and technical approaches.

The objective is optimum allocation of finite resources among the various possible uses

Environmental management is an approach which is related to resource conservation and

it acts as a regulatory force on human wasting.

The Twelfth Five Year Plan has emphasized the need for sound environmental
management. It includes environmental planning, protection, monitoring, assessment, research,
education, and conservation as major guiding factors for national development.

Since environmental pollution is a world-wide phenomenon there is a need to have a

coordinated administrative structure from international level to national levels so that the
environmental problems may be tackled effectively.

Since India is a soft State it has excellent environmental laws, but politics and
corruption prevent their effective implementation. The result has been disastrous for our
environment and hence for the economy too, as we are now seeing

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References:

Legal Aspects of Business(3E)- Ravinder Kumar,2013

http://www.environmentallawsofindia.com/the-environment-definitions-and-acts.html

http://www.edugreen.teri.res.in/explore/laws.htm

http://www.envfor.nic.in/legis/env/env1.html

www.findlaw.com

www.leginfo.ca.gov/calw.html

www.loc.gov/law

www.midewestadvocates.org

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