Module-V: Environment Protection Acts and Sustainable Development Contents Environmental Legislation: Status in India, The Wildlife Act,

, 1972; The Water Act, 1974; The Air Act, 1981; The Environment Act, 1986; The National Environmental Tribunal Bill, 1992; The Biological Diversity Act, 2002, Environmental Planning for sustainable development

 Increased environmental regulations will likely become a key area of concern in the near future as an increasingly wealthy citizenry demands more advanced environmental controls and a reduction in exposure to industrial pollutants.

 Increasing urbanization will further strain the countrys urban infrastructure. Per the McKinsey Global Institute, the infrastructure equivalent of a new Chicago or two new Mumbai's will have to be built every year in India for the next 20 years to meet the countrys demands. Another way of looking at the need for expanded infrastructure India will need to add 20-times the capacity of paved roads, metros and subways that were added in the past decade to meet the anticipated urban population rise by

Salient Features of the Wildlife Protection Act, 1972

Applicable all over India except Jammu and Kashmir which has its own Act. Hunting of any scheduled animal prohibited- Exceptions- mice, rats, common crow and fruit bats. Hunting- also includes capturing and trapping a wild animal

Salient Features of the Wildlife Protection Act, 1972

Schedules I,II,III & IV list different protected species, the killing or trade of which prohibited. Schedule V lists vermin which may be killed Schedule VI lists protected plants A Schedule I offence can earn a repeat offender 6 years in prison and a fine of Rs.25,000. Rules of a protected area

Why Should Wildlife Crime be Prevented?

Species face extinction because of demands from the wildlife trade wild plants-provide genetic variation for cropsnatural source for many medicinesthreatened by the trade. Wildlife commodity should not be over exploited. Illegal wildlife trade-part of the crime syndicate-must be prevented.

Wildlife crime
Live animals only form a small part of the trade. The trade occurs at all levels Only second to narcotics -Second largest illegal occupation in the world.

How Large Is Wildlife Crime?

Numbers in Global Trade Monkeys- 2530,000* Live birds- 2-5 million* Reptile skin- 10 million* Orchids-10 million*
Record Global Prices Trained Falcon- up to US $ 10,000* Rare parrot- up to US $ 40,000* Rare butterfly- up to US $ 30,000* Rare orchid- up to US $ 2,000.*

Statistics are based on the year2004

The Water Act, 1974

This Act was enacted for prevention and control of water pollution and maintaining or restoring of wholesomeness of water. The Central and State Pollution Control Boards have been constituted under section 3 and 4 of the Act respectively. The Act was amended in 1978 and 1988 to clarify certain ambiguities and to vest more powers in Pollution Control Board.

 Salient items and obligations on the part of industries and local bodies are: To obtain prior consent to establish industry for new discharge U/S 25 of the Act. This is mandatory for every industry/local body discharging any domestic sewage or trade effluent into water, stream, well sewer or on

 For this purpose consent application has to be filed with State Pollution Control Board (SPCB) in form XIII complete in all respects along with prescribed consent fee. It is obligatory to provide additional information sought by The State Board. On receipt of application, State Board may grant the consent with specific conditions and date of validity or refuse the consent for reasons to be recorded in writing.

 Once after obtaining the consent to establish and installing all facilities as communicated by the industry, the industry shall apply for consent to operate U/S 25 of the Act for which same form XIII has to be used. Similar provisions of application and grant of consent exists for industries discharging the trade/effluent waste prior to enactment of the Act [U/S 26 of the Act].

 On expiry of period of 4 months of filing an application completed in all respects consent shall be deemed to be given unconditionally unless consent is granted or refuse earlier. This will not hold however, if application is not complete or State Board raises any query. which remain unanswered, in which case the period extends from the date of submission of additional information i.e. complete information.

 To give direction : State Board has power to give directions to any person/officer or authority, who will be bound to comply with the directions. The direction may include direction for closure/prohibition or regulation of any industry operation or process or stoppage/regulation of services like electricity, water etc. The direction should be in writing and shall be (except under cases of grave injury to environment) followed by opportunity of being heard through a show cause notice U/S 33- A. Enter and inspect any place for performing any of the functions of board or to assess compliance or to examine any plants, records, documents etc. and seize, if necessary. [U/S 23].

 APPEALS : Any person aggrieved by an order of State Board U/S 25,26,27 (related to consent) can prefer an appeal U/S 28 within 30 days from date of receipt of the order. For this appellant has to follow prescribed procedure in the Rules. The State Govt. has constituted an appellate authority for this purpose.

 PENALTIES : Section 41 (1) (Failure to provide information U/S 20) Imprisonment up to 3 months fine up to Rs. 10000/= or both, which on continuous failure may extend up to Rs. 5000/= per day. Section 41 (2) (failure to abide by direction U/S 32 or 33 A) - Imprisonment not less than one year and six months but may extend to six years or fine up to 5000/= per day or both; if failure continues beyond a year, imprisonment form 2 to 7 years with fine. Section 42 (disturb facility/giving false information U/S 25or 26) - Imprisonment from 3 months or Rs. 10000/= or both. Section 43, (discharge of effluent beyond permissible limits) - Imprisonment not less than one year and six months but may extend to six years or and fine and if failure continues beyond 2 years up to 7 years imprisonment. Section 44 (use of outlet or new outlet for exchange of trade without prior. Consent or establish any new process with out prior

The Air Act, 1981

This is an Act to provide for the prevention, control and abatement of air pollution in the country so as to preserve the quality of air. Central and State Boards constituted under section 3 and 4 of Water (Prevention and Control Pollution) Act, 1974 were deemed also as Central and State Boards for Prevention and Control of Air

The salient features of the Air Act, 1981

The Act is applicable to whole India. U/S 19 of the Act. the State Gov. in consultation with SPCB is vested with power to declare Air Pollution Control Area in which provisions of the Act shall be applicable. Presently entire Uttar Pradesh has been declared pollution control area.

 As per provisions in Sec. 21 (1) & (2), no person can establish or operate any industrial plant without the previous consent of State Pollution Control Board. Every application for consent shall be made in Form-I and shall be accompanied by prescribed fee. Within a period of four months after the receipt of application, the Board shall complete the formalities to either grant, or refuse consent. During the course of processing consent application, Board may seek any information about the industry after giving notice in Form II.

 U/S 22, 22 (A) operating any industrial plant so as to cause emission of any air pollutant in excess of standard laid down by state Board is liable for litigation by the board.

POWERS OF STATE BOARD :

Besides providing consultation to State Government for declaring or restricting an areas as Air Pollution Control Area, State Board is vested with following powers :

 Power of entry and inspection : Any person empowered by State Board shall have right to enter the industry premises for determining the status of pollution control equipment or otherwise nessary for compliance of the Act, and the person concerned of the industry shall be bound to render assistance as deemed necessary for ensuring measures, and carrying out

 Power to take samples : State Board or any person empowered by it shall have power to take samples of air or emission from any chimney, flue or any duct or any other outlet in such manner as may be prescribed. [U/S 26].

 Power to give direction : State Board may issue any direction to any person, authority including closure, prohibition or regulation of any industry and can also issue directives for the stoppage or regulation of supply of electricity. water or any other services. The direction should however be preceded by proposed directive in writhing giving opportunity of being heard unless grave injury to the environment is likely, in which proposed directive may be

PENALTIES :
Whoever fails to comply with the provision of section 21,22 or with direction as per sec. 31 (A), shall be punishable with minimum imprisonment of one and half year extending up to 6 years and with fine, in case the failure continues, an additional fine extending to five thousand rupees for every day during which such failure continues. The above terms of imprisonment in extreme case may extend to seven

 The penalties shall also be meted in following cases : Tampering with notice of the Board. Obstructing the act of the person authorized by the Board. Damaging any work or property of the Board. Failure to intimate emission of air pollutant in excess of prescribed norms. Making false statement.

 APPEALS : Any person aggrieved by an order made by the State board under this act may appeal within 30 days of receipt of the order. The appeal shall be made to an appellate authority constituted by State Govt. On receipt of an appeal, its disposal shall be ensured as expeditiously as possible. The rules made under the Act, provides procedures for filing an appeal.

THE ENVIRONMENT (PROTECTION) ACT, 1986

This is an Act to provide for the protection and improvement of environment and for matters connected there with. This is a comprehensive umbrella legislation.

THE ENVIRONMENT (PROTECTION) ACT, 1986

Salient features: Central Govt. or any officer delegated by it has powers to :
Take measures of protecting and Improving the quality of environment. (Section - 3) Laying down environmental standards. (S3(2) (iii)) Laying down procedure, safeguards and remedial measures for accidents. (S- 3(2) (iv))

 Laying down procedure and safeguards of handling of hazardous substances. (S3(2) (vii)) Carrying out investigation and research reality to problem of environment. (S3(2) (ix)) Obtaining information. (S- 3(2) (xii)) Entry and inspection etc. (Section 3(2) (x))

 Giving directions including direction for closure, prohibition or regulations of industry/process/operation or stoppage/regulation of supply of electricity. water or any other service. (Section -5)

Industries to be established in Doon valley area categorised under Red, Orange & Green category, where Red category is totally prohibited, orange category industries can come up with permission of Government when such permission is sought by SPCB while green category industry can be established in approved industries are of Doon valley after obtaining "No objection certificate' from the SPCB without referring the same to the central Govt.

Hazardous wastes (Management & Handling Rules), 1989 (as amended in 2000): Under these rules :
Every occupier and operator of a facility handling hazardous waste (categories of wastes notified) has to apply and obtain authorization from State Pollution Control Board and also report accidents to SPCBs. Import of hazardous wastes is banned for dumping and disposal. However, these may be allowed for processing by Ministry of Environment & Forests, Government of India.

 The hazardous waste exporting country has to obtain permission from central govt. for proposed trans-boundary movement of hazardous waste. Identification, inventory and study of disposal site is responsibility of State Govt.

Hazardous chemicals (Manufacture, Storage & Import of hazardous chemicals) Rules, 1989 : Responsibilities of occupier dealing in hazardous chemicals (as listed in schedule) or involved in storage (beyond threshold limits in schedule) include :
Identification of Major Accident Hazards (MAH) & take steps to prevent such accidents apart form providing information, training & equipment to dealing persons.

 Notify major accidents to concerned authorities. Isolated storage : Account mentioned in Schedule 2 of Industrial activity regarding hazardous waste. Written reporting Preparation of safety reports/updating such reports

 Preparation of on site Emergency Plan. Preparation of Off - Site Emergency Plan responsibility of chief inspector of factories. Import of Hazardous Chemicals: Person responsible for import of hazardous chemicals shall inform the details of recipient port of entry, mode of transport quantity and product safety information. He shall abide by safety communicated.

Biomedical Waste Rules 1998 (as amended) :

The rules relate to safe handling and management of biomedical waste being generated from hospitals, nursing homes, research institutions, etc. standards for treatment and disposal has been laid down. Each occupier of a facility handling these wastes must obtain authorization of State Pollution Control Board and follow the provisions of the rules. Time schedule for installation of treatment facilities have to be followed.

Environmental Statement : This is mandatory for every industry, operation process requiring consent under section 25 of Water Act or under section 21 of Air Act or both or authorization under Hazardous Waste Management rules. This is to be submitted in form-V to State Pollution Control Boards on of before 15th May, of every financial year.

 One special feature of EP Act 1986 is provision of taking cognizance of offence in court of law by any person after giving notice of 60 days to Central Govt.

Other related rules of EP Act are:

Manufacture Use Import Export and Storage of Genetically Engineered Microorganisms or cell. Scheme of labeling Environment friendly product ('ECOMARK'). Coastal Zones Regulation notifications i.e. to restrict certain developmental activities along the coastal zone.

1995 - The National Environmental Tribunal

Act has been created to award compensation for damages to persons, property, and the environment arising from any activity involving hazardous substances.

 United Nations Conference on Environment and Development held at Rio de Janeiro in June, 1992, in which India participated, calling upon the States to develop national laws regarding liability and compensation for the victims of pollution and other environmental damages The United Nations Conference on Environment and Development (UNCED), also known as the Rio Summit, Rio Conference, Earth Summit was a major conference

 Twenty years after the first global environment conference, the UN sought to help Governments rethink economic development and find ways to halt the destruction of irreplaceable natural resources and pollution of the planet.

 In this Act, unless the context otherwise requires;- (a) "accident" means an accident involving a fortuitous or sudden or unintended occurrence while handling any hazardous substance resulting in continuous or intermittent or repeated exposure to death of, or injury to, any person or damage to any property or environment but does not include an accident by reason only of war or radio-activity; (b) "Bench" means a Bench of the Tribunal; (c) "Chairperson" means the Chairperson of the Tribunal;

(d) "environment" includes water, air and land and the interrelationship which exists among and between water, air and land, and human beings, other living creatures, plants, microorganism and property; (e) "handling", in relation to any hazardous !substance, means the manufacture, processing; treatment; package; storage; transportation by vehicle, use, collection, destruction, conversion, offering for sale, transfer or the like of such hazardous substance; (f) "hazardous substance" means any substance or preparation which is defined as hazardous substance in the Environment (Protection) Act, 1986, (29 of 1986.) and exceeding such quantity as specified by the Central Government under the Public Liability Insurance Act, 1991; (6 of 1991.)

 "Judicial Member" means a Member of the Tribunal appointed as such under this Act, and includes,the Chairperson or a Vice-Chairperson who possesses any of the qualifications specified in sub-section (3) of section 10; (h) "Member" means a Member (whether Judicial or Technical) of the Tribunal and includes the Chairperson and a Vice-Chairperson; (i) "notification" means a notification published in the official Gazette; (j) "prescribed' means prescribed by ruler. made under this Act;

 "rules" means the rules made under this Act; (l) "Technical Member" means a Member of the Tribunal who is not a Judicial Member within the meaning of clause (g); (m) "Tribunal" means the National Environment Tribunal established under section 8; (n) "Vice-Chairperson" means the ViceChairperson of the Tribunal.

Explanation.-In the case of the Tribunal having two or more Vice-Chairpersons, references to the Vice-Chairperson in this Act shall be construed as a reference to each of those Vice-Chairpersons; (o) "owner" means a person who owns, or has control over handling, any hazardous substance at the time of accident and includes,(i) in the case of a firm, any of its partners; (ii) in the case of an association, any of its members; and (iii) in the case of a company, any of its directors, managers, secretaries or other officers who is directly in charge of, and is responsible to, the company for the conduct of the business of the company.

COMPENSATION FOR DEATH OF, OR INJURY TO, A PERSON AND DAMAGE TO PROPERTY AND ENVIRONMENT

Liability to pay compensation in certain cases on principle of fault. Where death of, or injury to, any person (other than a workman) or damage to any property or environment has resulted 'from an accident, the owner shall be liable to pay compensation for such death, injury or damage under all or any of the heads specified in the Schedule.

 In any claim for compensation under sub-section (1), the claimant shall not be required to plead and establish that the death, injury or damage in respect of which the claim has been made was due to any wrongful act, neglect or default of any person. Explanation-For the purposes of this section (i) "workman" has the meaning assigned to it in the Workmen's Compensation Act, 1923; (8 of 1923.) (ii) "injury" includes permanent total or permanent partial disability or sickness resulting out of an accident.

 If the death, injury or damage caused by an accident cannot be attributed to any individual activity but is the combined or resultant effect of several such activities, operation and processes, the Tribunal may apportion the liability for compensation amongst those responsible for such activities, operations and processes on an equitable basis.

 An application for claim for compensation may be made (a) by the person who has sustained the injury; (b) by the owner of the property to which the damage has been caused; (c) where death has resulted from the accident, by all or any of the legal representatives of the deceased;

 d) by any agent duly authorised by such person or owner of such property or all or any of the legal representatives of the deceased, as the case may be; (e) by any representative body or Organisation, functioning in the field of environment and recognised in this behalf by the Central Government, under all or any of the heads specified in the Schedule; or (f) by the Central Government or a State Government or a local authority under all or any of the heads specified in the Schedule:

Penalty
Penalty for failure to comply with orders of Tribunal. Whoever fails to comply with any order made by the Tribunal, he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to ten lac rupees, or with both.

The Biological Diversity Act, 2002

The year 1992 is the landmark year for introducing the concept to protect traditional knowledge and biodiversity. The Convention on Biological Diversity (CBD) agreement is applicable at national and international level. India has adopted this agreement which has taken into account various aspects of biological diversity.

 Articles related to above said objectives of CBD are Article 1 - fair and equitable sharing of the benefits arising out of the utilization of genetic resources, including access to genetic resources, appropriate transfer of technologies, considering all rights over those resources to technologies and appropriate funding. Article 8(j) - provision to encourage the equitable sharing of the benefits arising from utilization of knowledge, innovations and practices of indigenous and local community embodying traditional lifestyles relevant for conservation and sustainable use of biological diversity

 This Act is applicable to India. It enforced prior approval of National Biodiversity Authority (NBA), which was established on 1st October, 2003, before applying for any kind of intellectual property rights (IPRs) based on any research or information on a biological resource obtained from India. The National Biodiversity office is located at Chennai, India. National Biodiversity Authority exempts the use of biological resources for carrying out research. It is mandatory to seek permission of the NBA if the use of research is for commercial purpose or any foreign institute or if any foreign institute wants to access biological resource.

Objectives of the Act

Conservation of biological diversity Sustainable use of its components (genetic resources) Fair and equitable sharing of benefits arising from its use

Salient features of NBA, 2002

Section 6 provides that anybody seeking any kind of intellectual property rights on a research based upon biological resource or knowledge obtained from India; need to obtain prior approval of the NBA. The NBA will impose benefit-sharing conditions Section 18(iv) stipulates that one of the functions of National Biodiversity Act (NBA) is to take measures to oppose the grant of IPRs in any country outside India on any biological resource obtained from India or knowledge associated with such biological resource For ensuring equitable sharing of benefits arising from the use of biological resources and associated knowledge, Sections 19 and 21 stipulate prior approval of the National Biodiversity Authority (NBA) before their access. While granting approval, NBA will impose terms and conditions, which secure equitable sharing of benefits Section 36(iv) provides protection to the knowledge of local people relating to biodiversity through measures such as registration of such knowledge, and development of a sui generis system.

Sustainable Development
Development that meets the needs of the present without compromising the ability of the future generations to meet their own needs (World Commission on Environment and Development, 1987)

 World Commission on Environment and Development (WCED), the Brundtland Commission's mission is to unite countries to pursue sustainable development together. To rally countries to work and pursue sustainable development together, the UN decided to establish the Brundtland Commission. Gro Harlem Brundtland who was the former Prime Minister of Norway and was chosen due to her strong background in the sciences and public health.

Sustainable Development
Development that meets the needs of the present without compromising the ability of the future generations to meet their own needs (World Commission on Environment and Development, 1987)

Sustainable Development
Balancing the fulfillment of human needs with the protection of the natural environment so that these needs can be met not only in the present, but in the indefinite future

5 Aspects of Sustainable Development

Meeting the needs of the present means satisfying:

Economical
a. Must be able to produce goods and services on a continuing basis a. adequate livelihood or productive assets b. economic security when unemployed, ill, disabled or otherwise unable to secure a livelihood

Social
c. gender equity d. political accountability e. participation

Political
Freedom to participate in national and local politics Participation in decisions regarding the management and development of ones home and neighborhood, with respect for civil and political rights and in the implementation of environmental legislation

Environmental
Must maintain a stable resource base avoiding over exploitation of renewable resource systems and depleting non-renewable resources

Cultural
A means to achieve a more satisfactory intellectual, emotional, moral, and spiritual existence

Environmental Planning for sustainable development

Perspectives of Environmental Planning

Natural Resources management planning Landscape ecological planning Urban ecological planning Environmental quality improvement planning Planning of implementation of legal and administrative network (in the case study of LPG pipelines, categorize the features under these five above mentioned points) Accordingly it will be applicable to other problem scenarios of environment audit and environment impact assessment

 Center for Environmental Planning and Technology University (CEPT) is a premier academic institute located in Ahemdabad, India. Indian Council of Sustainable Development