Environmental Acts and Rules (Part - 2)
D. PUBLIC LIABILITY INSURANCE
1. No.6 of 1991, [22/1/1991] - The Public Liability Insurance Act, 1991, amended 1992.
1. S.O.330(E), [15/5/l991] - The Public Liability Insurance Rules, 1991, amended 1993.
E. NATIONAL ENVIRONMENT APPELLATE AUTHORITY
1. NO.22 of 1997, [26/3/1997] - The National Environment Appellate Authority Act, 1997.
F. NATIONAL ENVIRONMENT TRIBUNAL
1. No.27 of 1995, [17/6/1995] - The National Environment Tribunal Act, 1995.
G. ANIMAL WELFARE
1. No.59 of 1960 - The Prevention of Cruelty to Animals Act, 1960.
1. S.O.1256(E), [24/12/2001] - The Animal Birth Control (Dogs) Rules, 2001.
2. S.O.267(E), [26/3/2001] - The Performing Animals (Registration) Rules, 2001.
1. G.S.R.619(E), [14/10/1998] - The Prevention of Cruelty to Animals (Restricted to Exhibit on Trained as a Performing Animals).
1. No. 16 of 2003, [17/1/2003] - The Wild Life (Protection) Amendment Act, 2002.
2. The Indian Wildlife (Protection) Act, 1972, amended 1993.
1. S.O.1092(E), [22/9/2003] - The National Board for Wild Life Rules, 2003.
2. S.O.445(E), [18/4/2003] - The Declaration of Wild Life Stock Rules, 2003.
3. G.S.R.350(E), [18/4/1995] - The Wildlife (Specified Plant Stock Declaration) Central Rules, 1995.
1. S.O.1093(E), [22/9/2003] - Constitution of the National Board for Wild Life.
2. S.O.1091(E), [22/9/2003] - Coming into force of section 6 of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003).
3. S.O.446(E), [18/4/2003] - Delegation of Powers of section 58E of the Wild Life (Protection) Act, 1972 (53 of 1972).
1. Guidelines for Appointment of Honorary Wildlife Wardens.
I. FOREST CONSERVATION
1. Forest (Conservation) Act, 1980, amended 1988.
2. The Indian Forest Act, 1927.
1. G.S.R.23(E) - Forest (Conservation) Rules, 2003.
2. G.S.R.719 - Forest (Conservation) Rules, 1981, amended 1992.
1. No.5-5/86-FC, [25/11/1994] - Guidelines for diversion of forest lands for nonforest purpose under the Forest (Conservation) Act, 1980.
- NO. 18 of 2003, [5/2/2003] - The Biological Diversity Act, 2002.
- S.O.753(E), [01/07/2004]- Coming in to force of sextions of the Biodiversity Act, 2002.
- S.O.497 (E), [15/04/2004]- Appointment of non-official members on NBA from 1st October, 2003.
- S.O.1147 (E)- Establishment of National Biodiversity Authority from 1st October, 2003.
- S.O.1146 (E)- Bringing into force Sections 1 and 2; Sections 8 to 17; Sections 48,54,59,62,63,64 and 65 w.e.f. 1st October, 2003.
1. G.S.R.261 (E), [15/04/2004] - Biological Diversity Rules, 2004.
K. IFS (Indian Forest Service)
1. NO.17011/03/200-IFS-II, [10/2/2001] - Rules for a competitive examination to be held by the UPSC for the IFS.
1. NO.A.12011/1/94-IFS-I, [14/12/2000] - Scheme for staffing posts included in the Central Deputation Reserve of the Indian Forest Service and other Forestry Posts similar in rank and status in certain other organizations under the Government of India.
DUTIES OF INDIAN CITIZEN
Legislations alone are not the remedy for environmental management, it is the responsibility of all the citizens to strive to protect the environment for the present and future generations since it is the fundamental duty of citizens to protect and conserve the environment as enshrined in our Constitution. Virtually, environmental legislation is essentially a social legislation since environmental degradation affects all of us. The criminal nature of pollution offences have to be viewed seriously. Environmental legislation provides the framework for punitive action against the offenders. Conservation, recycle, and reuse are the current trends observed in the control of environmental pollution. Even though there may be law regarding these aspects scattered in different Acts of Indian legislation, there is a need for comprehensive Resource Conservation and Recovery Act today. It is not always necessary that Environmental degradation or danger should occur to implement the law. One should always take steps before such happenings. The problem of environmental degradation is a complex one which requires multidimensional approach. There is dearth of environmental protection laws, but we need a firm hand to implement them. Environmental education can play an important role in negating the adverse impacts of pollution.
MAJOR ENVIRONMENTAL LAWS [1, 2, 3]
I. THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
- This act provides for the prevention and control of water pollution and the maintenance or restoration of wholesomeness of water.
- As such, all human activities having a bearing on water quality are covered under this Act.
- Subject to the provisions in the Act, no person without the pervious consent of the State Pollution Control Board (SPCB) can establish any industry, operation or any treatment and disposal system or an extension or addition there to which is likely to discharge sewage or trade effluent into a stream or well sewer or on hand and have to apply to the SPCB concerned to obtain the ‘consent to establish’ as well as the ‘consent to operate’ the industry after establishment
II. THE WATER (PREVENTION AND CONTROL OF POLLUTION) CESS ACT, 1977
- The main purpose of this Act is to levy and collect cess on water consumed by certain categories of industry specified in the schedule appended to the Act.
- The money thus collected is used by CPCB and SPCBs to prevent and control water pollution.
III. THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
- The objective of the Air Act 1981 is to prevent, control and reduce air pollution including noise pollution.
- Under provisions of this Act, no person shall, without previous consent of the SPCB, establish or operate any industrial plant in air pollution control area the investor has to apply to the SPCB/Pollution Control Committee (PCB) to consent.
- No person operating any industrial plant shall emit any air pollution in excess of the standards laid down by the SPCB and have to comply with the stipulated conditions.
IV. THE ENVIRONMENT (PROTECTION) ACT, 1986
- This is an umbrella Act for the protection and improvement of environment and for matters connected, which provides that no person carrying on any industry, operation or process should discharge or emit or permit to discharged or emitted any environmental pollutant in excess of such standards as may be prescribed.
- Several rules relative to various aspects of management of hazardous chemicals, wastes, etc. have been notified. Under this Act, Central Govt. has rusticated, prohibited location of industries in different areas so as to safeguard the environment.
- Many standards for air emissions, discharge of effluent and noise have been evolved and notified.
- Subject to the provision of this Act, Central Govt. has the power to take all measures as it deemed necessary for the purpose of protection and improving the environment.
- Procedures, safeguards, prohibition and restriction on the handling of hazardous substances along with the prohibition and restriction on the location of industries in different areas have notified.
V. THE HAZARDOUS WASTES (MANAGEMENT AND HANDLING) RULES, 1989 & 2000.
- Hazardous wastes have been categories in 18 categories.
- Under this rule, project proponent handling hazardous waste must report to the concerned authorities regarding handling of wastes, obtain authorization for handling wastes, maintain proper records, file annual returns, label all packages, consignments etc., report any accident immediately in for report import-export of hazardous waste.
- MOEF notified the HW (M&H) Amendment Rules in January 6, 2000 (MOEF, 2000a). Under this rule, toxic chemicals, flammable chemicals and explosive have been redefined to be termed as ‘hazardous chemical’. As per new criteria, 684 hazardous chemicals.
VI. THE MANUFACTURE, STORAGE AND IMPORT OF HAZARDOUS CHEMICAL RULES, 1989 & 2000.
- Under these rules, project proponents of any kind of hazardous industry have to identify likely hazard and their anger potential. They also have to take adequate steps to prevent and limit the consequences of any accident at site.
- Material safety Data Sheets (MSDS) for all the chemicals in handling has to be prepared. Workers on site are required to be provided with information, training and necessary equipment to ensure their safety.
- Onsite Emergency Plan is to be prepared before initiating any activity at the site. Off-site Emergency Plan is to be prepared by the District Controller in close collaboration with the project proponents for any accident envisaged on site.
- The public in the vicinity of the plant should be informed of the nature major accident that may occur on site and Do’s and Don’ts to be followed in case of such an occurrence.
- Import of hazardous chemicals is to be reported to the concerned authority within 30 days from the data of import.
- MOEF made significant amendments in the MSIHC Rules, 1989 on January 20, 2000. Under new amendments, new schedule –I is incorporated with the increase in the number of hazardous chemicals.
- Renewal of authorization will be subject to submission of ‘Annual Returns’ for disposal of hazardous waste; reduction in the waste generated or recycled or reused; fulfillment of authorization conditions and remittance processing and analysis fee.
- State government as well as occupier or its association shall be responsible for the identification site for common waste disposal facility. Public hearing is also made mandatory to be conducted by the state government before notifying any common hazardous waste disposal site.
- Central/State government will provide guidance for the design, operation and closure of common waste facility/landfill site. It is mandatory to obtain prior approval from the SPCB for design and layout the proposed hazardous waste disposal facility.