ENVIRONMENTAL SCIENCE

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M.Sakthivel Prepared By Environmental laws and Acts

Environmental Laws and Acts: 

Environmental Laws and Acts

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ENVIRONMENTAL POLLUTION CONTROL THROUGH LAW The environmental pollution has now become a global problem. An adequate preventive legislation has, therefore, become quite essential to control pollution, more particularly industrial pollution. The U.N. Conference at Stockholm on Environment in 1972 focussed the attention of the international community on environment issues. India’s role drew the support of the developing nations to the environmental issues.

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The United Nations Environmental Programme provided, for the first time, a global information and action set up on environmental matters. In December 1972, the General Assembly sponsored the U.S . Environmental Programme with global jurisdiction with headquarters at Nairobi. At the international level the assessment function is being performed through the annual reports on the global environment published by the UNEP.

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Following is a list of the environmental legislations that have come into effect: General Forest and wildlife Water Air

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Acts for protection of Indian environment since 1857. The Orient Gas Company Act, 1857 The Serais Act, 1867 The Northern India Canal and Drainage Act, 1873 The Obstruction in Airways Act, 1881 The Indian Fisheries Act, 1897 The Indian Ports Act, 1901 The Bengal Smoke Nuisance Act, 1905 The Explosives Act, 1908

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The Bombay Smoke Nuisance Act, 1912 The Inland Stream Vessel Act, 1917 The Mysore Destructive Insects & Pests Act, 1917 The Poison Act, 1919 The Andhra Pradesh Agricultural, Pests & Diseases Act, 1919 The Indian Boilers Act, 1923 The Bihar Wastelands (Reclamation, Cultivation & Improvement) Act, 1946

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The Mines and Minerals (Regulation and Development) Act, 1947 The Damodar Valley Corporation (Prevention of Pollution of Water) Regulation Act, 1948 The Factories (Pollution and Pesticides) Act, 1948 The Employees State Insurance Act, 1948 The Andhra Pradesh Improvement Schemes (Land Utilisation ) Act, 1949

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The Acquisition Of Land For Flood Control And Prevention Of Erosion Act, 1955 The Bihar Control of the Use and Play of Loudspeakers Act, 1955 The River Boards Act, 1956 The Ancient Monuments and Archeological Sites and Remains Act, 1958 The Kerala Agricultural Pests & Disease Act, 1958 The Atomic Energy Act, 1962

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The Major Port Trusts Act, 1963 The Gujarat Smoke Nuisance Act, 1963 The Rajasthan Noise Control Act, 1963 The Delhi Restriction of Land Uses Act, 1964 The Beedi and Cigar Works Act, 1966 The Insecticides Act, 1968 The Maharashtra Water Pollution Prevention Act, 1969

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Tamil Nadu Water Supply and Drainage (Prevention & Control of Water Pollution) Act, 1970 The Merchant shipping (Amendment) Act ( Harbour and Coastal Water Dumping of Oil , etc.), 1970 The Cattle Trespass Act, 1971 The Wild life (Protection) Act, 1972 The Water (Prevention & Control of Pollution) Act, 1974

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The Urban Land Act (Ceiling and Regulation), 1976 The Madhya Pradesh Gandhi Basti Kshetra ( Sudhar Tatha Nirmulan ) Adhiniyam , 1976 The Territorial Waters, continental shelf, exclusive Economic Zone and other Maritime Zone Act, 1976 The Water (Prevention & Control of Pollution) Cess Act, 1977 The Water (Prevention & Control of Pollution) Amendment Act, 1978

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The Coast Guard Act, 1978 The Forest (Conservation) Act, 1980 The Air (Prevention and Control of Pollution) Act, 1981 The Fairways Act, 1981 The Narcotic Drugs and Psychotropic Substances Act, 1985 The Environment (Protection) Act, 1986 Motor Vehicles Act, 1988

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CENTRAL LEGISLATIONS I ) Air Pollution 1. The Indian Boilers Act, 1923 2. Motor Vehicle Act, 1939 (Repealed by Act No. 59 of 1988) 3. The Mines and Minerals (Regulation and Development ) Act, 1947 4. The Factories Act, 1948 5. The Industries (Development and Regulation) Act, 1951 6. The Air (Prevention and control of pollution) Act, 1981 (amended in 1987)

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II ) Water Pollution 1. The River Boards Act, 1956 2. The Merchant Shipping (Amendment) Act, 1970 3. The Water (Prevention and Control of Pollution ) Act, 1974 (amended in 1988) 4. The Water (Prevention and Control of Pollution) Cess Act, 1977 (amended in 1991

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III) Radiation 1. The Poison Act, 1919 2. The Factories Act, 1948 3. The Insecticides Act, 1968

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Miscellaneous 1. The Indian Fisheries Act, 1897 2. The Indian Forest Act, 1927 3. The prevention of Food Adulteration Act, 1954 4. The Ancient Monuments and Archeological sites and Remains Act, 1958

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5. The Wild Life (Protection) Act, 1972 (amended in 1983, 1986 and 1991) 6. The Urban Land (Ceilings and Regulation) Act, 1976 7. The Forest (Conservation) Act, 1980 (amended in 1988) 8.The Environment (Protection) Act, 1986

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B . STATE LEGISLATIONS I ) Smoke Control 1. The Bengal Smoke Nuisance Act, 1905 2. The Bombay Smoke Nuisance Act, 1912 3. The Gujarat Smoke Nuisance Act, 1963 II) Water Pollution 1. The Orissa River Pollution Prevention Act, 1953 2. The Maharashtra Prevention of Water Pollution Act, 1969

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III) Noise Pollution 1. The Madhya Pradesh Control of Music and Noise Act, 1951 2. The Bihar Control of the Use and Play of Loudspeakers Act, 1955 3. The Rajasthan Noise Control Act, 1963 4. Grants of Permission under the Himachal Pradesh Instruments (Control of Noise ) Act, 1969

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IV) Pest Control 1. The Mysore Destructive Insects and Pests Act, 1917 2. The A.P. Agricultural Pest and Disease Act, 1919 3. The Assam Agricultural Pests and Disease Act, 1954 4. The U.P. Agricultural Pests and Disease Act, 1954 5. The kerala Agricultural Pests and Disease Act, 1958

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V) Land Utilisation and Land Improvement The Bihar Waste Lands (Reclamation, Cultivation and Improvement) Act, 1946 2. The A.P. Improvement Schemes Act, 1949 3. The Delhi Restriction of Uses of Land Act, 1964

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THE ENVIRONMENT (PROTECTION) ACT, 1986 The Environment Act, 1986 was presented by our late Prime Minister, Rajiv Gandhi which received the President’s assent on May 23, 1986. The Act refers to the Stockholm Conference of 1972 and is based on Article 253 of the Constitution. OBJECTIVES The main objective of the Act is to protect and improve the environment and matters connected therewith.

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POWER OF CENTRAL GOVERNMENT To protect and improve the quality of the environment and for preventing, controlling and abating the environmental pollution, the Act (Section 3) empowers the Central Government to take the following necessary measures : Planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution ; Laying down standards for the quality of environment ;

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Restriction of areas in which any industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards; Laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents ; Laying down procedures and safeguards for the handling hazardous substances ;

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Examination of such manufacturing processes, materials and substances which are likely to cause environmental pollution . Carrying out and sponsoring investigations and research relating to problems of environmental pollution. Inspection of any premises, plant, equipment, machinery, manufacturing or other process; materials or substances.

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Establishment of recognition of environmental laboratories and institutes ; Collection and dissemination of information in respect of matters relating to environmental pollution ; and Preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution

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PENALTIES Whoever fails to comply with or contravenes any of the provisions of the Act shall be punishable with imprisonment for a term, which may extend to five years or with fine up to Rs . 100,000/-, or both. In case of continuing offences, it provides for an additional fine up to Rs . 5,000/-for every day during which such failure or contravention continues.

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AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 POWERS OF THE STATE BOARDS 1. Power to declare air pollution control areas. 2. Power to give instruction to the concerned authority under the Motor Vehicles Act, 1939 for ensuring emission standards for automobiles; 3. Power to restrict establishment or operation of any industrial plant in an air pollution control area.

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4. Power to enter and inspect any place for compliance with the provisions of the Act; 5. Power to call for any information with regard to the type and level of the air pollutants emitted into the atmosphere; and 6. Power to take samples of air or emissions for analysis.

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FUNCTIONS OF THE BOARDS The Act empowers the Central and State Boards to perform the following functions: 1. To advise, plan and execute nationwide programmes, provide technical assistance and guidance, carry out investigations and research, plan and organise the training of persons, organize through mass media comprehensive programmes, collect, compile, and publish technicaland statistical data, prepare manuals, codes or guides regarding prevention, control and abatement of pollution;

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2. Lay down standards for quality of air; and 3. To establish or recognise laboratories for the above purposes.

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PENALTIES Whoever fails to comply with the provisions of the Act under Section 21 (5) or Section 22 or with directions issued under this Act, shall be punishable with imprisonment for a period which many extend to three months or with fine up to Rs. 10,000/- or with both. In case of continuing offences, it provides with an additional fine up to Rs. 100/- for every day during which such failure continues after the conviction for the first such failure.

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THE WATER (PREVENTION AND CONTROL OF POLLUTION) CESS ACT, 1977 According to the Water act, 1974, the Central Government and the state Governments have to provide funds to the respective Boards for the implementation of the provisions of the Act. The water Act, however is silent as how to raise funds to meet heavy and ever increasing expenditure. Also, due to pressure on the limited resources, the State Governments are unable to provide adequate funds for the effective functioning of their respective Boards.

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Therefore it was proposed to levy a cess on local authorities which are entrusted with the duty of supplying water under the law by, which they are constituted and to certain specific industries on the basis of the water consumed. As a consequence of this, ‘The water(Prevention and Control of pollution) cess Act, 1977’ was enacted by the Parliament to augment the resources of the Boards.

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OBJECTIVES OF THE CESS ACT : The water Cess Act, 1977 is a fiscal measure to raise revenue for augmenting the resources of the Pollution Control Boards. The Cess is payable by every person carrying on any industry and every local authority entrusted with the duty of supplying water. It is calculated on the basis of water consumed . The central Government may revise the rates from time by notification in the Official Gazette.

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Major activities through pollution control laws. The main areas being looked after for pollution control through law are as follows: 1.Air quality monitoring 2.Assessment of water quality 3.Assessment of coastal water quality 4.Preparation of environmental standards 5.Enforcement of standards

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6.Ganga action plan . There is a separate Ganga project Directorate (GPD) in the ministry of Environment and Forests for regeneration and development work on this major river basin of country. The Central Ganga Authority was constituted in February 1985 to guide and oversee the implementation of a programme for restoring the quality of river Ganga.

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Work on monitoring of water quality in the river is in progress. There are 27 stations along the river at Rishikesh, kanpur, Allahabd, Varanasi, Patnaand Rajmahal. BOD values have been recorded and work on other parameters is in progress. There are efforts to involve the public men in the Ganga Action Plan.

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CONCLUSION AND FUTURE STRATEGY The future strategy of the Ministry and Environment and forest under Environment Action Programme will be to a) Improve the rate of Cess collection from all categories of industrial units, rather than confine collections to thermal power stations, integrated steel plants, fertilizer plants, petroleum refineries etc , and b) Extend the ambit of the cess to cover more sectors in the rural areas including agriculture after careful assessing the implications

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