The State Boards have powers to sue a polluter in a court of law to punish him for polluting the air and the expenses incurred by the Board will be recovered from the polluter. The Boards have powers to authorise any person to inspect the premises of the polluter and to collect samples of emissions from chimneys, flues, ducts or any other outlets for the analysis of pollutants. The Environment Protection Act, November 19, was enacted as per the spirit of the Stockholm Conference held in June to take appropriate steps for the protection and improvement of the environs and to prevent hazards to human beings, living creatures and property.
The Act consists of 26 Sections distributed among four chapters and extends to the whole country. Section 2 of the Act empowers the Central Government to make following rules for the first time for:. EPA is a land mark legislation to provide a single focus in the country for the protection of environment and to plug the loop holes in the earlier laws.
In fact, EPA is an umbrella legislation which provides a framework for the coordination of Central and State Governments and authorities established under Water and Air Acts. Take all such measures as it deems necessary for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution.
Issue directions i for the closure, prohibition or regulation of any industry, operation and process and ii for the stoppage or regulation of the supply of water, power or any other service even without obtaining court orders. Prohibit industrial emission or discharge of environmental pollutants over and above the limits stipulated by the relevant standards.
Any person can make a complaint of violation of provisions of the Act to the Central Government or authority or officer authorised for this purpose. The Act prescribes stringent penalties to the defaulters for violation of the provisions of the Act.
The jurisdiction of Civil Court is barred under the Act. They have to advise the industries for treating the waste water and gases with the best technology to achieve the prescribed standards.
The industries have to be encouraged for recycling and recovery of biogas, energy and reusable materials. The Central and State Boards have to emphasize on the implementation of clean green technologies by the industries to reduce the generation of pollutants. The Government has taken several steps to provide legal and institutional basis for implementation of the Act. These include issue of rules, notification of standards, action regarding environmental laboratories, strengthening of State Departments of Environment and Pollution Control Boards, delegation of powers, identification of agencies for carrying out various activities for hazardous chemical management and setting up of Environment Protection Councils in the States.
Besides this the Ministry has recently taken several new initiatives to steer the country towards the basic premises of sustainable developments and towards providing ecological security for the future.
Every person carrying on any industry or operation requiring consent under the Water Act, or Air Act, or hazardous waste rules, issued under EPA, shall submit an environmental audit report for each financial year ending 31st March in a prescribed form to the State Pollution Control Board.
This form covers information of quantity of raw materials consumed including water per unit of product, total production, quantity of pollutants and hazardous wastes as well as the extent of recycling and reuse. Top Menu BiologyDiscussion. This is a question and answer forum for students, teachers and general visitors for exchanging articles, answers and notes. Answer Now and help others. Answer Now. Here's how it works: Anybody can ask a question Anybody can answer The best answers are voted up and rise to the top.
Explain its significance. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Do not sell my personal information. Cookie Settings Accept. Manage consent. Barangay Talon Uno. Sakshi Sahu. Kb Aldrin Zolina. Vincent Xin. Thy Thy. A call for consultancy to provide training on Ecosystem. Du Albaran. Anonyn Writer. Narendra kumar Painkra. Anonymous 0JNjBI. John Arthur. More From Arun Hiro. Arun Hiro. Postman Vengaisamy vs The State Rep.
Harshita Dixit. Akshat Kaul. Nitin Dhakad. Sir Hacks alot. This Act is said to be established to provide for the prevention, control and abatement of air pollution. The most famous one was the Indian Forest Act of Both the act and the act sought to consolidate and reserve the areas having forest cover, or significant wildlife, to regulate movement and transit of forest produce, and duty leviable on timber and other forest produce.
In this act reserve forest area is a term used most often. Reserved Forest is notified under section 20 of the Indian Forest Act, [Act 16 of ] or under the reservation provisions of the Forest acts of the State Governments A reserve forest area is mass of land notified under the Indian Forest Act or the State Forest Act having full degree of protection.
In reserved forest all activities are prohibited unless permitted. This Act has 6 chapters and 41 sections. In the judgement it was said that the expenditure for earning profits by running industry would not be sufficient to allow the petitioner to play with the health of the public at large. As mentioned above, exemplary damages are frequently imposed by the Supreme Court as well as NGT benches with amounts at times being as high as INR1 billion.
In India, there are hardly any procedural hurdles for any citizen or NGO to file a PIL, as long as the issue highlighted is in the public interest. Historically, the locus standi was deliberately lowered, particularly to ensure that the poor and deprived had access to the courts. Since then, PILs have flourished and are omnipresent to the point that courts have started imposing fines for abuse of the PIL process. There is no specific carbon trading scheme in place in India.
The ESCerts may be traded among companies to meet their mandated compliance requirements or may be banked for the next cycle of energy savings requirements. There are no mandatory GHG reporting obligations, but there are several industry-driven voluntary initiatives to encourage such GHG reporting. India is an active member of the International Solar Alliance launched between various countries in and in the recent UN Climate Action Summit, India announced its renewable energy target would be GW.
See also the answer to question 9. The Supreme Court imposed a ban on the manufacturing and mining of blue and brown asbestos Kalyaneshwari v. Union of India. The Supreme Court also addressed the harmful consequences of asbestos, making the employer responsible to pay damages to workers whose health has been affected due to asbestos exposure.
A prior environmental clearance must be obtained, and a related EIA report must be prepared for industries proposing to engage in activities relating to asbestos milling and asbestos-based products. The insured must contribute an amount to this fund which is equivalent to the premium paid under the PLI Act Policy.
The environmental risks insurance market is growing but is still limited compared to other jurisdictions. As mentioned, the environmental risk insurance market is still in its infancy and not much is publicly available pertaining to such insurance claims.
Recently, the Supreme Court in the matter concerning felling of trees for construction of railway bridges in the state of West Bengal, sought a report from an expert committee to examine the issue of compensation for loss of trees and calculation of the value of felled heritage trees. The expert committee took into account the financial value of a full-grown tree calculated at years , but based its analysis not just on the market value of timber, but also the non-market elements such as the benefit derived by society from the oxygen of such trees, which is often ignored by project proponents.
As per their analysis, the value of full grown trees which are cut years before their natural age is at least INR2. The valuation of damages to the environment in and of itself, independently of it being a tradable commodity or not, is an important new trend noticeable in other jurisdictions and hereby clearly supported by the Indian judiciary as well. Importantly, the amendment replaces an earlier amendment which contained a criminal liability provision but which never entered into force.
The related Companies Corporate Social Responsibility Policy Rules, have also been amended with some important changes, including the need for entities which implement the CSR Policy of a company to be registered starting 1 April The scope of the BWM Rules, has enlarged significantly compared to the earlier version which was limited to lead acid batteries only.
Schedule I consists of an exhaustive but very comprehensive list of batteries, subdivided into primary cells or non-rechargeable batteries and secondary cells or rechargeable batteries, including lithium-ion batteries. Moreover, the major overhaul of the existing Environmental Impact Assessment Notification, , is still under way as the new EIA, draft attracted an extremely large number of public comments.
Tavinder Sidhu M. Shreyansh Rathi M. Chapter Content Free Access 1. Environmental Policy and its Enforcement 2. Environmental Permits 3. Waste 4. Liabilities 5. Contaminated Land 6. Powers of Regulators 7.
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