Why Environmental Laws ?
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Laws and
regulations are a major tool in protecting the environment. To put
those laws into effect, government agencies create and enforce
regulations. In this section, you'll find a basic description of how
laws and regulations come to be, what they are, and where to find
them, with an emphasis on environmental laws and regulations. The
Indian constitution is amongst the few in the world that contains
specific provisions on environment protection. |
Forest Laws
Forest Conservation Act, 1980
Forest (Conservation) Rules, 1981
National Forest Policy, 1988
The Forest Act is administered by forest officers who are authorized
to compel the attendance of witness and the production of documents,
to issue search warrants and to take evidence in an enquiry into
forest offences. The forest Act is administered by forest officers
who are authorized to compel the attendance of witness and the
production of documents.
Laws to protect the Wildlife
The Wildlife Act of 1972 was passed to make provision for control of
wild life by formation of Wild life Advisory Board, regulation on
hunting and establishment of sanctuaries, national parks.
The Wildlife (Transaction and Taxidermy) Rules, 1973
The Wildlife (Stock Declaration) Central Rules, 1973
The Wildlife (Protection) Licensing (Additional Matters for
Consideration) Rules, 1983
Recognition of Zoo Rules 1992 Wildlife (Protection) Rules, 1995
Wildlife (Specified Plants - Conditions for Possession by Licensee)
Rules, 1995
Wildlife (Specified Plant Stock Declaration) Central Rules, 1995
Water Pollution prevention Laws
The Water (Prevention and Control of Pollution) Act of 1974
The Water (Prevention and Control of Pollution) Act, as amended up
to 1988
The Water (Prevention and Control of Pollution) Rules, 1975
The Water (Prevention and Control of Pollution) (Procedure for
Transaction of Business) Rules, 1975
The water (prevention and control of pollution) cess Act, 1977, as
amended by Amendment Act, 1991.
The Water (Prevention and Control of Pollution) Cess Rules, 1978
The Water Act of 1974 was the result of discussions over a decade
between the center and states and was passed by the Parliament.
The Act vests regulatory authority in the state boards and
empowers these boards to establish and enforce effluent standards
for factories discharging pollutants into bodies of water.
The Water Cess Act of 1977 was passed to help meet the expenses
of the Central and State water boards. The Act creates economic
incentives for pollution control through a differential tax
structure (higher rates applicable to defaulting units) and requires
local authorities and certain designated industries to pay a cess
(tax) for water consumption. To encourage capital investment in the
pollution control, the Act gives a polluter a 25% rebate of the
applicable cess upon installing effluent treatment equipment and
meeting the applicable norm.
The 1988 amendment strengthened the Acts implementation
provisions and a board may take decisions regarding closure of a
defaulting industrial plant. The water act is comprehensive and
applies to streams, inland waters, subterranean waters, sea or tidal
waters. The legislation establishes a Central Pollution Control
Board, and State Pollution Control Boards for Assam, Bihar, Gujarat,
Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala,
Madhya Pradesh, Rajasthan, Tripura and West Bengal, as well as the
Union Territories. Each board, Central or state, consists of a
chairman and five members, with agriculture, fisheries and
government-owned industry all having representation.
Air - Prevention and Control of
Pollution
The air (prevention and control of pollution) act of 1981
The Air (Prevention and Control of Pollution) Rules, 1982
The Air (Prevention and Control of Pollution) (Union Territories)
Rules, 1983
The Air Act of 1981, states that all industries operating within
designated air pollution control areas must obtain a permit from the
state board. The states are also required to provide emission
standards for industry and automobiles after consulting the Central
Board
The Environmental Protection Act (EPA) of
1986
The EPA was passed to protect and improve human environment and to
prevent hazards to human beings, other than plants and property. The
EPA was passed to protect and improve human environment and to
prevent hazards to human beings, other than plants and property. In
the wake of Bhopal Gas tragedy, the government of India enacted the
Environmental (Protection) Act of 1986 (EPA) under Article 253 of
the constitution. The purpose of the Act is to implement the
decisions of the United Nations Conference on Human environment of
1972. The EPA is an umbrella legislation designed to provide a
framework for Central Government coordination of the activities of
various Central and State authorities established under previous
laws, such as Water Act and Air Act. The scope of the EPA is broad,
with "environment" defined to include water, air, land and
the inter relationships which exists among water, air and land and
human beings and other living creatures, plants, micro-organisms and
property. The law also promulgates rules on hazardous waste
management and handling.
Noise Pollution (Regulation and
Control) Rules, 2000
This rule aims at controlling noise levels in public places from
various sources, inter-alia, industrial activity, construction
activity, generator sets, loud speakers, public address systems,
music systems, vehicular horns and other mechanical devices have
deleterious effects on human health and the psychological well being
of the people. The objective of the rule is to regulate and control
noise producing and generating sources with the objective of
maintaining the ambient air quality standards in respect of noise.
Coastal Zone
Coastal Regulation Zone - Notification dated May 21, 2002
Coastal Regulation Zone - Notification
Aquaculture Authority - Notifications
Coastal Zone Management Authority Notifications
India's lengthy coast stretches over 6,000 kilometers, supporting
numerous fishing communities and driving the economies of coastal
villages, towns and cities. The legislative framework for
controlling marine pollution is provided by the Territorial Waters,
Continental Shelf, Exclusive economic Zone and Other Maritime Zones
Act of 1976.
Development along coastal stretches is severely restricted under a
regime comprising the Coastal Regulation Zone (CRZ) notification of
1991, the approved Coastal Zone Management Plans (CZMPs) for each
state or region.
Hazardous Substances Act
Hazardous Wastes (Management and Handling) Rules, 1989.
Manufacture, Storage and Import of Hazardous Chemical Rules, 1989.
Manufacture, Use, Import, Export and Storage of Hazardous
Microorganisms, Genetically Engineered Organisms or Cells Rules,
1989.
Bio-Medical Waste (Management and Handling) Rules, 1998
Re-cycled Plastics Manufacture and Usage Rules, 1999.
Dumping and Disposal of Fly ash Notification.
Hazardous Wastes (Management and Handling) Amendment Rules, 2000 -
Draft Notification.
Municipal Solid Wastes (Management & Handling) Rules, 2000.
Batteries (Management & Handling) Rules, 2001.
Re-cycled Plastics Manufacture and Usage Amendment Rules, 2002
Manufacture, Storage and Import of Hazardous Chemical (Amendment)
Rules, 2000 - Draft Notification
Hazardous Wastes (Management and Handling) Amendment Rules, 2002 the
laboratories allowed to use of pathogenic micro-organism or
genetically engineered organisms or cells for the purpose of
research, 2000 Notification.
Hazardous substances pervade modern industrialized societies. Indian
industry generates, uses, and discards toxic substances. Hazardous
substances include flammables; explosives; heavy metals such as
lead, arsenic and mercury; nuclear and petroleum fuel by product;
dangerous microorganism; and scores of synthetic chemical compounds
like DDT and dioxins. Exposure to Toxic substances may cause acute
or chronic health effects. Toxic substances are extensively
regulated in India. The first comprehensive rules to deal with one
segment of the toxics problem, namely hazardous wastes, were issued
by the Central Government in July, 1989.Radioacctive wastes, covered
under the Atomic Energy Act of 1962, and wastes discharged from
ships, covered under the Merchant Shipping Act of 1958, are
explicitly excluded from the Hazardous Wastes Rules.
For more information about latest Acts and Laws, Please visit the Acts
and Laws Section under the Legislation from the CoE home page.
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