Environmental law, also known as environmental and natural resources law, is a collective term describing the network of treaties, statutes, regulations, common and customary laws addressing the effects of human activity on the natural environment. The core environmental law regimes address environmental pollution. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the management of specific natural resources, such as forests, minerals, or fisheries. Other areas, such as environmental impact assessment, may not fit neatly into either category, but are nonetheless important components of environmental law.
1. Environment Management
Laws governing environment
๏ถ Environment Protection Act
๏ถ Air (Prevention and Control of Pollution) Rules โ 1982
๏ถ Water (Prevention and Control of Pollution) Rules โ 1978
๏ถ Hazardous Wastes (Management and Handling) Rules โ 1989
๏ถ EIA (Environmental Impact Assessment)
๏ถ ISO 18001
๏ถ Role of government, NGOs, International treaties and conventions in environmental
protection & conservation
- Anish Gawande
- Dr. Manisha Kayande
2. What are the laws governing environment ?
Environmental law, also known as environmental and natural resources law, is
a collective term describing the network of treaties, statutes, regulations,
common and customary laws addressing the effects of human activity on the
natural environment. The core environmental law regimes address
environmental pollution. A related but distinct set of regulatory regimes, now
strongly influenced by environmental legal principles, focus on the
management of specific natural resources, such as forests, minerals, or
fisheries. Other areas, such as environmental impact assessment, may not fit
neatly into either category, but are nonetheless important components of
environmental law.
4. Air (Prevention and Control of Pollution) Rules โ 1982
The Air (Prevention and Control of Pollution) Act, 1981 an Act of the Parliament of India to control and
prevent air pollution in India.
๏ฑ An Act to provide for the prevention, control and abatement of air pollution, for the establishment,
with a view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such
Boards powers and functions relating thereto and for matters connected therewith.
๏ฑ WHEREAS decisions were taken at the United Nations Conference on the Hum an Environment held
in Stockholm in June, 1972, in which India participated, to take appropriate steps for the
preservation of the natural resources of the earth which, among other things, include the
preservation of the quality of air and control of air pollution.
๏ฑ AND WHEREAS it is considered necessary to implement the decisions aforesaid in so far as they
relate to the preservation of the quality of air and control of air pollution.
5. Water (Prevention and Control of Pollution) Rules โ 1978
Water quality laws govern the release of pollutants into water resources, including surface water, ground
water, and stored drinking water. Some water quality laws, such as drinking water regulations, may be
designed solely with reference to human health. Many others, including restrictions on the alteration of
the chemical, physical, radiological, and biological characteristics of water resources, may also reflect
efforts to protect aquatic ecosystems more broadly. Regulatory efforts may include identifying and
categorizing water pollutants, dictating acceptable pollutant concentrations in water resources, and
limiting pollutant discharges from effluent sources. Regulatory areas include sewage treatment and
disposal, industrial and agricultural waste water management, and control of surface runoff from
construction sites and urban environments.
6. Hazardous Wastes (Management and Handling)
Rules โ 1989
The Ministry of Environment & Forests, Govt. of India has notified rules, vide Gazette notification no.
S.O. 694 (E) DT. 28th July '89, under title Hazardous Wastes (Management & Handling) Rules, 1989 to
deal with various environmental aspects related with hazardous wastes. The salient features of the
rules are as follows:
๏ง The occupier generating hazardous wastes shall take all practical steps to ensure proper handling
and disposal of hazardous wastes in environment friendly manner.
๏ง The occupier generating hazardous wastes, subject to the quantity specified in the schedule, shall
apply to the State Pollution Control Board, in Formโ1 for necessary authorization.
๏ง The State Pollution Control Board, shall grant authorization having satisfied that the operator of a
facility or an occupier, as the case may be, possesses appropriate facility, technical capabilities and
equipment to handle hazardous wastes.
๏ง The Authorization, unless suspended or cancelled, shall remain in force for a period of two year
from the date of issue or from the date of renewal.
๏ง The occupier shall apply for the renewal of authorization before its expiry.
๏ง The authorization shall continue to be in force until it is renewed or revoked.
๏ง The State PCB may, after giving reasonable opportunity of being heard to the application refuse to
grant any authorization.
๏ง The Central Govt. shall after examining the matter and on being satisfied on various environmental
implications, grant permission or may refuse permission to import such hazardous wastes.
๏ง The importer is required to maintain the record in specified Form 7.
8. EIA (Environmental Impact Assessment)
The Ministry of Environment, Forests and
Climate Change (MoEFCC) of India has
been in a great effort in Environmental
Impact Assessment in India. The main
laws in action are the Water Act(1974),
the Indian Wildlife (Protection) Act
(1972), the Air (Prevention and Control of
Pollution) Act (1981) and the Environment
(Protection) Act (1986),Biological Diversity
Act(2002). The responsible body for this is
the Central Pollution Control Board.
9. EIA (Environmental Impact Assessment)
Environmental Impact Assessment (EIA) studies need a
significant amount of primary and secondary
environmental data. Primary data are those collected in
the field to define the status of the environment (like air
quality data, water quality data etc.). Secondary data
are those collected over the years that can be used to
understand the existing environmental scenario of the
study area. The environmental impact assessment (EIA)
studies are conducted over a short period of time and
therefore the understanding of the environmental
trends, based on a few months of primary data, has
limitations. Ideally, the primary data must be
considered along with the secondary data for complete
understanding of the existing environmental status of
the area. In many EIA studies, the secondary data needs
could be as high as 80% of the total data requirement.
EIC is the repository of one stop secondary data source
for environmental impact assessment in India.
10. IS0 18001
International Organization for Standardization
The International Organization for Standardization (ISO) is an international standard-setting body
composed of representatives from various national standards organizations.
Founded on 23 February 1947, the organization promotes worldwide proprietary, industrial and
commercial standards. It is headquartered in Geneva, Switzerland, and works in 162 countries.
It was one of the first organizations granted general consultative status with the United Nations
Economic and Social Council.
11. IS0 18001
๏ถ Overview
The International Organization for Standardization, is an independent, non-governmental organization,
the members of which are the standards organizations of the 162[1] member countries. It is the world's
largest developer of voluntary international standards and facilitates world trade by providing common
standards between nations. Over twenty thousand standards have been set covering everything from
manufactured products and technology to food safety, agriculture and healthcare.
Use of the standards aids in the creation of products and services that are safe, reliable and of good
quality. The standards help businesses increase productivity while minimizing errors and waste. By
enabling products from different markets to be directly compared, they facilitate companies in entering
new markets and assist in the development of global trade on a fair basis. The standards also serve to
safeguard consumers and the end-users of products and services, ensuring that certified products
conform to the minimum standards set internationally.
12. IS0 18001
OHSAS 18001, Occupational Health and Safety
Assessment Series, (officially BS OHSAS 18001) is
an internationally applied British Standard for
occupational health and safety management
systems. It exists to help all kinds of organizations
put in place demonstrably sound occupational
health and safety performance. It is a widely
recognized and popular occupational health and
safety management system.
๏ฑ In October 2013, the International
Organization for Standardization approved the
project proposal to develop the ISO 45001
standard, an ISO analogue to the OHSAS
18000 standards. This is stated to be taking
OHSAS 18001 into account along with other
international standards.
Certificate of conformity to OHSAS 18001:2007
14. Role of government, NGOs, International treaties and
conventions in environmental protection & conservation
๏ Conducting education and citizen awareness programs in the field of environment
๏ Fact โ finding and analysis
๏ Filing public interest litigations
๏ Innovation and experimenting in areas which are difficult for government agencies to make changes
๏ Providing expertise and policy analysis
๏ Providing factual and reliable information with a network of professional expert staff
๏ Remaining independent while passing relevant information to the public and governmental bodies
๏ Solidarity and support to environmental defenders
15. World Wide Fund for Nature (India)
WWF (India) is engaged in a multitude
of activities for protection and conservation of
the environment in the Indian context. Climate
change and energy conservation are among the
chief areas of concern for the organization. The
forest and biodiversity conservation division
strives to promote and enhance conservation of
forest ecosystems in the country through a
participatory approach involving key
stakeholders. Through its environment education
programme, it aims at strengthening individual
and institutional capacity in nature conservation
and environmental protection through
widespread education andawareness.
16. CLEAN-INDIA
CLEAN-INDIA Deeply concerned with the deteriorating environmental situation in the country,
Development Alternatives initiated the CLEAN-India (Community Led Environment Action
Network) program with five schools in the national capital in 1996. Today, CLEAN Delhi has
about forty schools regularly involved in monitoring water and air quality in over 150 locations
spread across Delhi. Over 2000 children have been directly trained on environmental
assessment and improvement activities. They keep vigil, assess environmental quality, plead,
cajole and lead the community in monitoring environment. Action program like solid waste
management, plantation drives, energy conservation, paper recycling, etc. to improve local
environmental conditions have also been initiated by schools, resident welfare associations,
business and industrial associations as well as individual households. Campaigns against the
use of polybags, firecrackers during Diwali and toxic (chemical based) colours during Holi and
for saving the cityโs โGreen Treasureโ are also carried out. The experience in Delhi indicates
that when environment assessment is community based, it mobilises the community to
review the local environmental conditions and take requisite measures, without waiting for
undue external support. Encouraged by the Delhi experience, NGOs from different towns have
operationalised the CLEAN-India programme. The present CLEAN-India Centers are : Delhi,
Shillong, Faizabad, Ladakh, Bangalore, Berinag (Kumaon Hills), Jhansi, Sagar, Bilaspur, Lalitpur,
Madurai and Thiruvananthapuram. Almost 100 NGOs from across the country have expressed
their interest to initiate the programme in their respective towns.
17. Tata Energy Research Institute (TERI)
TERI (INDIA) Tata Energy Research Institute (TERI) was formally
established in 1974 with the purpose of tackling and dealing with the
immense and acute problems that mankind is likely to be faced with in the
years ahead : l On account of the gradual depletion of the earthโs finite
energy resources which are largely non-renewable and l On account of the
existing methods of their use which are polluting TERI has launched a
major project, the first phase of which is completing near completion. This
project called growth with resource enhancement of Environment and
nature (GREEN INDIA-2047)โ has vigorously estimated the reduction in
Indiaโs key natural resources during the period 1947- 97, and has
completed economic values of consequent loses, which in some cases are
alarmingly high. On the basis of past experience and a careful analysis of
the cost behind the degradation that has taken place in the past strategies
for the future have been developed, whereby a fresh and creative approach
can be taken in the next 50 years.
18. Tata Energy Research Institute (TERI)
The global presence and reach attained by TERI are not only
substantiated by its presence in different parts of the world, but also in
terms of wide geographical relevance of its activities. Symbolic of this fact
is the annual Delhi Sustainable Development Summit (DSDS), a major
event focusing on sustainable development, the pursuit of the Millennium
Development Goals (MDGs) and assessment of worldwide progress in
these critical areas. DSDS attracts the most prominent thinkers and
practitioners in a range of fields that impinge on development. Since
development worldwide is moving towards an architecture based on
partnerships, the leaders who participate in DSDS come from government,
business and industry, multilateral and bilateral organizations, research
and academic and civil society. Encouraged by the success of DSDS, TERI
has now established the World Sustainable Development Forum (WSDF).