28-02-2020

Webinar on

National Environmental Law Portal

John Thomas, Director, Alef Eco Consulting LLP, INDIA

Date: 27th February 2020

Need of National Environmental Law Portal

• More than 200 environmental central and state legislations

Not available at one place with an easy access to the public

agencies as well as the private agencies, industries and
general public.

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Approach
1. Task 1: Map the gamut of stakeholders and would conduct series of stakeholder level
interactions, and extensive literature surveys and desk top researches Details will be
developed in the next weeks
2. Task 2: Analyze the findings of the Main Task # 1, and its domain experts and IT pool of
experts would work together to design and develop the e-portal structure, concepts,
contents presentation, functionalities, etc
3. Task 3: Engage its pool of international and domestic experts to support GIZ in webinars
and national/ regional workshops on industrial wastewater management and
environmental compliance

The e-portal & its contents:

(i) All environmental laws:

Acts, Rules, Amendments, Notifications, Directions/ Orders,
Ordinances, Statutes brought out etc.
(ii) Directions issued by MoEF&CC, CPCB, courts/tribunals.
(iii) Landmark judgements: by Supreme Court, High Courts and
National Green Tribunal
(iv) Guidelines, Procedures.
(v) Relevant publications and reference material.
(vi) Highlights of what’s new, news etc.
(vii) Any other relevant topic(s).

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Key Features:
 Efficient placement of information of various nature;
 a quick search of relevant information;
 logical presentation of the web-site’s structure and content,
 suitable for various types of monitors or resolution
 Use manual to be developed and uploaded.
 Provision for uploading of information by CPCB/SPCBs/PCCs.

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Planned Events (Dec 2019 – Oct 2020)

Workshops; meetings; Webinars etc

1. Stakeholders’ workshop (½ day) to discuss the proposed needs assessment report

2. Stakeholders’ workshop (½ day) to discuss the proposed concept
3. Training (2 nos.) to the officials of CPCB/ SPCBs/PCCs on e-Portal operations.

Webinars:
• Review of existing Environmental Law portals & Stakeholder consultations
• Environmental Laws in India and Standard Setting process
• Self Assessment Tools

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Stakeholders To Be Consulted

STAKEHOLDER CONSULTATIONS

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Stakeholders Consulted so far

REGULATORS INDUSTRY ASSOCIATIONS CONSULTANTS RESEARCHERS

INDUSTRIAL INFRASTR. LAWYERS ACADEMIA

DEV. CORPN
NGOs
INDUSTRIES

Stakeholder Consultation : Industry Association – CII, IGCC,

Industry representation 23rd Jan 2020

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Evolution of Indian Environmental Laws

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Site map & Web Structure

About Acts &

Home Portal Rules

Judgements Tools Resources

News / Events Contact us Help & FAQs

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About Portal
Background
Objective

• Acts and Rules (with industry wise section)

• Main acts divided into -> ACT \ RULES \ AMENDMENTS\
• Judgements/ Landmark cases
Supreme Court
National Green Tribunal
High Court
• Tools
Self Assessment tool
Industry wise search options
• Resources
Standards
Guidelines
Procedures
Process flowcharts and Timelines
• News & Events
Draft policy/ legislations/ standards (for public consultation)
• Contact Us
Contact form
• Help & FAQs

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International Law Portals being evaluated:

INFORMATION SOURCES

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"CENTRAL ACT LEGISLATION" BY MINISTRY ENVIRONMENT, FOREST AND CLIMATE CHANGE

Enactment Date
Enactment Date Act
Act Number
Number Short Title
Title
21 September
21 September 19271927 16 16 The
TheIndian
IndianForest
Forest Act,
Act, 1927
1927
09 September
09 September 19721972 53 53 The
TheWild
WildLife
Life(Protection)
(Protection)Act,Act,
19721972
23 March23 March 1974
1974 6 6 The
TheWater
Water(Prevention
(Prevention and
and Control
Control of Pollution)
of Pollution) Act, 1974
Act, 1974
27 December
27 December 1980 1980 69 69 The
TheForest
Forest(Conservation)
(Conservation) Act,Act,
19801980
29 March29 March 1981
1981 14 14 The
TheAir
Air(Prevention
(Prevention andand Control
Control of Pollution)
of Pollution) Act, 1981
Act, 1981
23 May 1986 23 May 1986 29 29 The
TheEnvironment
Environment(Protection)
(Protection) Act,Act,
19861986
22 January
22 January 1991 1991 6 6 The
ThePublic
PublicLiability
Liability Insurance
Insurance Act,Act,
19911991
05 February
05 February 2003 2003 18 18 The
TheBiological
BiologicalDiversity
Diversity Act,
Act, 20022002
02 June 2010
02 June 2010 19 19 The
TheNational
NationalGreen
Green Tribunal
Tribunal Act,Act,
20102010
03 August
03 August 2016 2016 38 38 The Compensatory Afforestation
The Compensatory Afforestation Fund Fund
Act,Act,
2016.2016.

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JUDGEMENTS

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Non Governmental Sources

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Provisions for further development

PROVISIONED FOR FUTURE PROOFING

STATE ENVIRONMENTAL LEGISLATIONS

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Page 44 27 Feb. 2020 W ebinar – National Environmental Law

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India & MEAs

Many global environmental issues don’t stop at the border:
An Multilateral Environmental Agreement (MEA) is a
> they are caused by sources thousands of kilometers away;
> they can have a regional or even a global impact.
legally binding instrument
International legal instruments that
between two or more nation states
•have a goal of environmental protection
that deals with some aspect of the environment.
•are concluded between a large number of states or
international organizations as parties
•concluded in written form
•governed by international law
•can be embodied in a single instrument or in two or
more related instruments (framework agreements)

India & MEAs

• There are over 500 active agreements/MOUs

etc. to which India is signatory.

• There are 20 major multilateral global MEAs,

to which India is a signatory.

BIODIVE LAND SEA ATMOSP

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 MEAs on Hazardous Material:

a. Cartagena Protocol on Biosafety
b. SAICM (Strategic Approach to International Chemicals Management)
c. Stockholm Convention on Persistent Organic Pollutants (POPs)
d. Basel Convention on the Control of Trans-boundary Movement of
Hazardous Waste and Their Disposal
e. Rotterdam Convention on Prior Informed Consent (PIC) for certain
Hazardous Chemicals and Pesticides in International Trade

India & MEAs

Atmospheric emissions

a. UNFCCC (United Nations Framework

Convention on Climate Change)
b. Kyoto Protocol
c. UNCCD (United Nations Convention to
Combat Desertification)
LAND
d. Montreal Protocol (on Ozone Depleting
Substances)

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Discussions with IT & Legal team

@ CPCB, MoEF&CC
Objective:

• To understand process steps involved in developing portal for

MoEF&CC/ CPCB
• Authorities/ Agencies & Infrastructure requisition
• Guidelines/ Mandatory requirements
• Vulnerability Assessment requirements
• Maintenance concerns over the lifecycle

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24th Jan 2020

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GIGW s ensure
• Transparency,
• Accessibility,
• Effectiveness and
• Easy access
to benefit citizens.

GIGW Compliant
website
115 METRICS

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National Env Law Portal, IN

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National Environmental Law Portal

Important features

• Quick & Advance

search
• Query filter are based
on Time, Subject,
Category, tag
• Table of content as
Navigation Tool
• Sharing of document
on social media
• All the documents will be in searchable format/web page.
• Printing of the
documents
• Landmark cases will also be cross referenced with the
relevant law, rule, notification

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Web based Self-Assessment tool on Environmental

Compliance:

Topics related to
• Air • Water
• Waste • Hazardous Substances
• Resource Efficiency • Sustainable Consumption
• Such Topics That Have Requirements Of Legal
Compliance.
• Easy to answer questions for each topic and sub-topics
 easily understandable and
 can be answered in a reasonable time.
• Report to be generated at the end of the assessment

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Compliance Tool
Kit
TOOL 1 TOOL 2 TOOL 3

Know your EC Know your Is your location

Applicability Industry category sensitive

RED

ORANGE

CPA
ESZ/ ESA
Type A

CRZ
Type B

No EC reqd

GREEN

WHITEED

Online Environmental Self Assessment Tool

Resource Industry Environmental Compliance
Efficiency Categories Data Requirement

Material • Red Air Consent

Water • Orange Water Environmental

Clearance
Waste • Green Waste
Location
Energy • White Hazardous sensitivity
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Deutsche Gesellschaft für

Internationale Zusammenarbeit (GIZ) GmbH

Registered offices
Bonn and Eschborn

Friedrich-Ebert-Allee 36 + 40 Dag-Hammarskjöld-Weg 1 - 5
53113 Bonn, Germany 65760 Eschborn, Germany
T +49 228 44 60 - 0 T +49 61 96 79 - 0
F +49 228 44 60 - 17 66 F +49 61 96 79 - 11 15

E info@giz.de
I www.giz.de

Environmental Policy In British India

Shore Nuisance (Bombay and Kolaba) Act, 1853

The Indian Penal Code, 1860
The Indian Easements Act, 1882
The Fisheries Act, 1897
The Factories Act, 1897
The Bengal Smoke Nuisance Act, 1905
The Bombay Smoke Nuisance Act, 1912
The Elephant’s Preservation Act, 1879
Wild Birds and Animals Protection Act, 1912

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Milestones

“Notwithstanding anything in the foregoing provisions of this

Chapter, Parliament has power to make any law for the whole
or any part 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.”

Ref: Article 253 in The Constitution of India

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Environmental Policy in India

Trigger:
UN Conference on Human Environment, 1972
 The Water Act of 1974 (Amendment, 1988)
 The Constitution of India (42nd Amendment, 1976)
 The Air Act of 1981 (Amendment, 1987)

Institutional Mechanisms

 National Council for Environmental Policy and Planning was set up in

1972 which was later evolved into Ministry of Environment and Forests
(MoEF) in 1985.

 MoEF and the Pollution Control Boards (CPCB i.e. Central Pollution
Control Board and SPCBs i.e. State Pollution Control Boards) together
form the regulatory and administrative core of the sector.

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Constitutional 42nd Amendment Act 1976

In 1976, the constitution was amended in order to include environmental
protection among the principles ruling State policy and even individual
behaviour:

• The State shall endeavour to protect and improve the environment and to
safeguard the forests and wildlife. (Art. 48A)

• It shall be the duty of every citizen of India … to protect and improve the
natural environment including forests, lakes, rivers and wildlife, and to have
compassion for living creatures. (Art. 51A(g))

Article 21 of the Constitution is a fundamental right which reads as follows:

"No person shall be deprived of his life or personal liberty except
according to procedure established by law."

Trigger Events

 Union Carbide, Industrial

Disaster, 1984 aka Bhopal gas
tragedy

“Social transformation occurs

only when thinking humanity
remains capable of suffering
and the suffering humanity
begins to think.”

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•Environment Protection Act (1986):

•Stronger inspections standards and control over
hazardous substances
•Personal responsibility from corporations
• Ministry of Environment and Forests (MoEF)
•Factories (Amendment) Act (1987):
•Safeguards in use and storage of hazardous
substances
•Mandatory worker safety training
•Air (Amendment) Act (1987):
•Governmental consent to release pollutants
•Hazardous Waste Rules (1989):
•Government “authorize” companies as to what they can
pollute with
•Public Liability Insurance Act (1991):
•Insurance to cover death, injury, or damage resulting
from a disaster

RULES AND NOTIFICATION UNDER

Environment Protection ACT
EP Act

(Key Rules) Pollution Waste (Management Products Chemical and

Control and Handling) Rules Accidents

Hazardous waste, The Ozone The Manufacture,

E(P) Rules, 1986 Noise 1989, 2008 Depleting Storage and Import
Pollution substances, of Hazardous
• Authorized inspection 2000 Chemicals (MSIHC)
• Authorized persons to Bio-medical waste,
1998 Rules, 1989
take sample The Recycled
• Delegation of powers Plastics The Chemical
• Emission standards Municipal solid
waste, 2000 Manufacture and Accidents
• Ambient noise Usage Rules, (Emergency
standards 1999 planning,
• National ambient air The Batteries Rules,
2001 Preparedness and
quality standards The Bureau of Response) Rules,
• Vehicular emission Indian Standards 1996 CA (EPPR)
standards E-Waste Rules,
2011 (w.e.f. Certification Rules
• Handling of azo dyes Regulation, 1997
• Coastal regulation zone 01.05.2012)
The Manufacture,
• Doon valley regulation Eco-Mark Use, Import, Export,
zone Scheme, 1991 Storage of Hazardous
• Dahanu regulation Microorganisms
• EIA notification Genetically
Engineered
Organisms or Cells
Rules, 1989

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Trigger Events
 United Nations Conference on Environment and
Development
Rio de Janeiro
3 - 14 June 1992

Outcomes
1. Adoption of Agenda 21 by the International
community,
2. The Rio Declaration on Environment and
Development
3. Opened up for signature two legally binding
agreements, viz. United Nations Framework
Convention on Climate Change and the
Convention on Biological Diversity
4. Negotiations began on the Convention to
Combat Desertification

World Summit on Sustainable Development

RIO + 10
Adopts the Johannesburg Declaration on Sustainable Development

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The Earth Summit

Rio de Janeiro,
Brazil, in 2012

 The largest international diplomatic conference ever held

• It centered on the idea of Sustainable Development
 This fourth wave of environmental policy focuses on
sustainable development
• Finding ways to safeguard natural systems while
raising living standards for the world’s poorest people

An Act of the Parliament, once debated and

suitably amended, and finally given assent
by the President becomes legislation.

 The power to create legislation lies with the

legislators or members of the parliament,
 The power to interpret the legislation lies with
the judiciary, and
 The power to implement legislation resides in
the executive or the government of the country.

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HIERARCHIAL ORDER

ACTS

RULES NOTIFICATION RESOLUTION

SUB RULES

STRUCTURE OF ACTS

Preamble
 Short title
Definition
 Authority and Organization
 Relation of Government and Organization
Power of Organization
 Function of Organization
Penal Provision
 Appellate and Appeal
 Cognizance of offence

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Major Environmental Acts/Rules/Policy

1. The Water (Prevention & Control of Pollution) Act, 1974

2. The Water (Prevention & Control of Pollution) Cess, Act, 1977
3. The Air (Prevention & Control of Pollution) Act, 1981
4. The Environment (Protection) Act, 1986
5. The Hazardous Wastes (Management, Handling and Transboundary
Movement) Amendment Rules 1989, 2003, 2009, 2013
6. The Bio - Medical Waste (Management and Handling) Rules 1988, 2003
7. The Municipal Solid Wastes (Management and Handling) Rules 2000
8. The Plastics Manufacture and Usage Rules, 1999
9. The Noise Pollution (Regulation & Control) Rules, 2000
10. The Batteries (Management and Handling) Rules, 2001
11. Environmental Impact Assessment Notification, 2006, 2009
12. National Environmental Policy, 2006
13. Fly Ash Management Rule, 2008
14. Ambient Air quality standard , 1982, 1995, 2009
15. Proposed national environmental assessment and monitoring authority, 2010
16. E-Waste ( Management & Handling) Rules,2011.

ENVIRONMENTAL QUALITY OBJECTIVE, CRITERIA,

STANDARD RELATIONSHIP
ECOLOGICAL ENGINEERING
CRITERIA

SCIENTIFIC HEALTH
DOMAIN ENVIRONMENTAL TECHNICAL
CRITERIA CRITERIA TECHNICAL DOMAIN
CAPABILITY
GEOLOGICAL
CRITERIA

ENVIRONMENTAL
ASSIMILATIVE TECHNOLOGY
•OBJECTIVE EMISSION
•GOAL CAPACITY EFFLUENT
•STANDARD STANDARD
TIME
SOCIAL
AWARENESS

RISK RISK
EXPOSURE ASSESSMENT SOCIO
DOMAIN SOCIAL
ECONOMIC
CAPABILITY DOMAIN

NATIONAL HEALTH
AND ECOLOGICAL ECONOMICAL
FRAGILITY
CAPABILITY

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MINAS – Minimum National Standards

MODEL II
INDUSTRY CPCB
SPECIFICITY

CPCB

MODEL - I
LOCATION SPCB
SPECIFICITY

At National level, Industry Specific Standard is evolved with minimal requirement

with due regard to economic feasibility termed as MINIMAL NATIONAL STANDARD
(MINAS)

Doctrines Evolved by Courts:

•Public Trust Doctrine:

•Precautionary Principle:
•Polluter Pay Principle:
•Absolute Liability Principle:
•Sustainable Development:

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2. Advantages and Disadvantages of each Portal

2. Advantages and Disadvantages of each Portal

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EUR-Lex
Advantages:
• Various search functions
• Complex search functions
• Search for text in document possible
• Download of law in pdf format
• YouTube video on how to use the E-Portal
• Celex number
• Introduction video
Disadvantages:
• Large number of regulations in the database needs complex
search functions,

EPA
Advantages:
• Structured by sector (e.g. agriculture, automotive, etc.)
Content (e.g. asbestos)
Disadvantages:
• Although clear structure for e.g. content it is difficult to find the
regulations. Also difficult to ensure that all regulations I am looking
for are found
• Too many pictures and difficult orientations (although it seems
appealing at the first sight)
• More related to compliance

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Indonesian Law Portal

Advantages:
• filter function for law, presidential decree, ministerial decree,
local law
• Includes also local laws (district)
• Search for text in headline of law
• Easy download of pdf files

Disadvantages:
• No text search in document possible
• No summary available
• Search for law number not clear

German Ministry for Environment, Nature

Conservation and Nuclear Safety
Advantages:
• Clear search function
• Text search is possible
• Provision of regulation summary
• Provision of link to related laws (to regulation identified)
• Provision of pdf file
Disadvantages:
• No state regulations

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AUST LII
Advantages:
• Good keyword search, full text and title

Disadvantages:
• Complicated search for environment/ water/waste
• Search for environmental laws provided many laws not related to
environment
• One law on sewerage appeared. Klick on that law yielded to error

Law Online Singapore

Advantages:
• Search for any environmental legal text

Disadvantages:
• Too many links to other sources
• Not usable for law portal in India

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BAILII (British and Irish Legal Information Institute)

Advantages
• Search for text in documents possible
• Covers all legislation

Disadvantages
• No summaries of legal texts, only for specialists
• Portal moderately clear
• Rather complicated to use
• Not optimal for non-lawyers

https://www.scconline.com/data-coverage

Central (Federal) Statutes

Laws enacted by Parliament. Text as amended from time to time. Statutes that have been repealed
have been retained.
State Statutes
Text of important State Acts as amended from time to time.
Rules, Regulations etc.
Text of important Rules and Regulations as amended from time to time.
Circulars, Notifications, Instructions
Text of important Circulars, Notifications, Instructions, Press Notes, Press Release of GST, Central
Board of Excise and Customs, RBI, SEBI, Supreme Court and ministries, departments etc.
Bills in Parliament
Text of important Bills, as introduced in Lok Sabha and Rajya Sabha and as passed by Lok Sabha
and Rajya Sabha.
Constitutional OrdersNew
Text of Constitutional Orders, as made by the President from time to time.
Amnis Legalis:
Contains the summaries of latest judgments given by Supreme Court, High Courts, Tribunals and
Foreign Courts. It also contains the briefs on latest Statutes, Amendments, Rules & Regulations and
the information relating to Latest Appointment Orders and notifications issued by various Ministries.

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