Environment Protection Act, 1986 | Environmental Law - CLAT PG PDF Download

Introduction

• The Environment Protection Act was enacted in 1986 in India to safeguard and enhance the environment and related matters.
• The Environmental Laws (Amendment) Bill proposes changes to the Environment Protection Act and the National Green Tribunal Act to strengthen penal provisions and introduce monetary penalties for violations.
  

Objectives of the Environment Protection Act

• To protect and enhance the environment and its conditions.
• To implement decisions from the UN Conference on Human Environment held in Stockholm in 1972.
• To take strict actions against those harming the environment.
• To enforce environmental protection laws in areas not covered by existing laws.
• To empower the Central Government to take strict measures for environmental protection.

Main Provisions of the Act

• The Act empowers the Centre to take necessary measures for environmental protection.
• It includes powers for coordination, planning, and execution of nationwide programs.
• It sets environmental quality standards and restricts industrial locations.
• It prohibits discharges of pollutants beyond regulatory standards and handling hazardous substances without compliance.
• Penalties for violations include imprisonment, fines, and additional daily fines for ongoing violations.
• Complaints about offences under the Act can be filed by any person.

Environmental Impact Assessment (EIA)

• The EIA Notification requires certain projects to obtain prior environmental clearance before construction or expansion.
• Projects are categorized into Category A and Category B based on potential impacts.
• Category A projects require clearance from the Central Government, while Category B projects are cleared by State-level bodies.

Environmental Appraisal Committees (EAC)

• Expert committees evaluate the environmental impact of development projects in various sectors.
• These sectors include Mining,Industrial,Thermal Power,Infrastructure, and Nuclear Power projects.

Environmental Appraisal Procedure

• Project applications are scrutinized by the Ministry before being assessed by the EACs.
• The EACs evaluate the project's impact and may conduct site visits.
• Site-specific projects like Mining and River Valley projects require site clearance before environmental clearance.
• Decisions on complete applications are made within 90 days.

Monitoring

• Cleared projects are monitored to ensure compliance with environmental safeguards.
• Project authorities report progress every six months.
• Field visits are conducted to assess project performance.
• Deviations and changes in project scope are addressed with the concerned State Government.

Coastal Area Management

• Coastal States and Union Territories prepare Coastal Zone Management Plans(CZMPs) as per the Coastal Regulation Zone Notification.
• These plans categorize coastal areas for different activities.

Island Development Authority (IDA)

• The IDA meets to decide on policies and programmes for integrated development of islands, considering environmental protection.

Studies on Carrying Capacity

• The Ministry sponsors studies to assess the carrying capacity of different regions, considering natural resources and environmental impacts.
• Hot Spots requiring immediate action are identified, and alternative development scenarios are formulated.
• Doon Valley,NCR,Damodar Basin, and Tapi Estuary are some regions where studies are conducted.
• Multi-disciplinary approaches involve local people and planners in discussing development scenarios.

Shortcomings of EIA

• Applicability: Significant projects may be exempt from EIA due to their non-inclusion in the schedule or low investment.
• Composition of expert committees and standards: EIA teams often lack necessary expertise in areas like wildlife and social impact.
• Public hearing: Public comments are not adequately considered early on, leading to later conflicts. Projects with major impacts might skip the public hearing process.
• Quality of EIA: Many EIA reports are incomplete, based on limited data, and overly technical, making them hard to understand.
• Lack of Credibility: Since project proponents fund EIAs, there's a bias towards favorable assessments. Fraudulent practices in EIA studies are not uncommon, and there's no accreditation for EIA consultants.