Lecture 2 Environmental Acts and Rules
AGENCIES FOR MAKING ENVIRONMENT LAWS & THEIR ENFORCEMENT IN INDIA In 1972, a National Council of Environment Planning and Co-ordination was set-up at the Department of Science and Technology. Another committee was set-up in 1980 for reviewing the existing legislations and administrative machinery for environmental protection and for recommending ideas to strengthen the existing laws and environmental agencies in India. In 1980, a separate Department of Environment was set-up which was upgraded to full-fledged Ministry of Environment and Forests in 1985. Ministry of Environment and Forests (MoEF) of Government of India serves as the nodal agency for the planning, promotion, making of environment laws and their enforcement in India. Following are the other important agencies which help the MoEF in carrying out environment related activities: Central Pollution Control Board State Pollution Control Boards State Departments of Environment Union Territories (UT) Environmental Committees The Forest Survey of India The Wildlife Institute of India The National Afforestation and Eco-development Board The Botanical and Zoological Survey of India, etc. ENVIRONMENTAL LAWS AND RULES Major environmental laws dealing with protection of environment can be dived into following categories : A. Water pollution B. Air pollution C. Environment protection D. Public liability insurance E. National environment appellate authority F. National environment tribunal G. Animal welfare H. Wildlife I. Forest conservation
J. Biodiversity K. Indian forest service Major acts, rules and notifications under each of the above categories are as given below: A. WATER POLLUTION i. Acts 1. 2. ii. iii. No.36 of 1977, [7/12/1977] - The Water (Prevention and Control of Pollution) Cess Act, 1977, amended 1992. 1. No. 19 of 2003, [17/3/2003] - The Water (Prevention and Control of Pollution) Cess (Amendment) Act, 2003. No.6 of 1974, [23/3/1974] - The Water (Prevention and Control of Pollution) Act, 1974, amended 1988. Rules 1. G.S.R.378(E), [24/7/1978] - The Water (Prevention and Control of Pollution) Cess Rules, 1978. 2. G.S.R.58(E), [27/2/1975] - The Water (Prevention and Control of Pollution) Rules, 1975. 3. Central Board for the Prevention and Control of Water Pollution (Procedure for Transaction of Business) Rules, 1975 amended 1976. Notifications 1. S.O.498(E), [6/5/2003] - Date on which the Water (Prevention and Control of Pollution) Cess (Amendment) Act, 2003 (19 of 2003) came into force. 2. S.O.499(E), [6/5/2003] - Rate of Cess notified under the Water (Prevention and Control of Pollution) Cess (Amendment) Act, 1977(36 of 1977). B. AIR POLLUTION i. ii. iii. Act 1. No.14 of 1981, [29/3/1981] - The Air (Prevention and Control of Pollution) Act 1981, amended 1987. Rules 1. G.S.R.6(E), [21/12/1983] - The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983. 2. G.S.R.712(E), [18/11/1982] - The Air (Prevention and Control of Pollution) Rules, 1982. Notifications 1. G.S.R.935(E), [14/10/1998] - Ambient Air Quality Standard for Ammonia (NH3). 2. G.S.R.382(E), [28/3/1988] - The Date on which the Air Amendment Act of 1987 came into force. C. ENVIRONMENT PROTECTION i. Act 1. No.29 of 1986, [23/5/1986] - The Environment (Protection) Act, 1986, amended 1991.
ii. iii. Rules 1. S.O.844(E), [19/11/1986] - The Environment (Protection) Rules, 1986. 1. G.S.R.448(E), [12/07/2004] - The Environment (Protection) Second Amendment Rules, 2004. 2. S.O.470(E), [21/6/1999] - Environment (Siting for Industrial Projects) Rules, 1999. Notifications 1. Coastal Regulation Zone 1. S.O.991(E), [26/11/1998] - Constitution of National Coastal Zone Management Authority. 2. Delegation of Powers 1. S.O.729(E), [10/7/2002] - Delegation of Powers U/S 20 of E(P) Act, 1986 to CPCB. 3. Eco-marks Scheme 1. G.S.R.85(E), [20/2/1991] - The Scheme on Labeling of Environment Friendly Products (ECOMARK). 2. G.S.R.768(E), [24/8/1992] - The criteria for labeling Cosmetics as Environment Friendly Products. Eco-sensitive Zone 1. S.O.133(E), [4/2/2003] - Matheran and surrounding region as an Ecosensitive Zone. 2. S.O.52(E), [17/1/2001] - Mahabaleswar Panchgani Region as an Ecosensitive region. 3. S.O.825(E), [17/9/1998] - Pachmarhi Region as an Eco-sensitive Zone. 4. S.O.350(E), [13/5/1998] - Order Constituting the Taj Trapezium Zone Pollution (Prevention and Control) Authority. 5. S.O.884(E), [19/12/1996] - Dahanu Taluka Environment Protection Authority, 1996, amended 2001. 6. S.O.481(E), [5/7/1996] - No Development Zone at Numaligarh, East of Kaziranga. 7. S.O.319(E), [7/5/1992] - Restricting certain activities causing Environmental Degradation at Aravalli Range. 8. S.O.416(E), [20/6/1991] - Dahanu Taluka, District Thane (Maharashtra) to declare as Ecologically fragile Area, amended 1999. 9. S.O.102(E), [1/2/1989] - Restricting location of industries, mining & other activities in Doon Valley (UP). 10. S.O.20(E), [6/1/1989] - Prohibiting Industries in Murud-Janjira, Raigadh District, Maharashtra. . 6. Environmental Labs 1. S.O.728(E), [21/7/1987] - Recognization of Environmental Laboratories and Analysts. 7. Hazardous Substances Management Rules 1. S.O.432(E), [16/5/2001] - The Batteries (Management and Handling) Rules, 2001. 2. S.O.908(E), [25/9/2000] - The Municipal Solid Wastes (Management and Handling) Rules, 2000.