land pollution laws and regulations in india pdf

Land pollution laws and regulations in india pdf

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Environment Protection Act, 1986

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“Air pollution in Delhi: Its Magnitude and Effects on Health”

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy. The need for protection and conservation of environment and sustainable use of natural resources is reflected in the constitutional framework of India and also in the international commitments of India. The Constitution under Part IVA Art 51A-Fundamental Duties casts a duty on every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.

Environment Protection Act, 1986

The legal and regulatory framework for environmental protection in India. Over the years, together with a spreading of environmental consciousness, there has been a change in the traditionally-held perception that there is a trade-off between environmental quality and economic growth as people have come to believe that the two are necessarily complementary.

The current focus on environment is not new—environmental considerations have been an integral part of the Indian culture. The need for conservation and sustainable use of natural resources has been expressed in Indian scriptures, more than three thousand years old and is reflected in the constitutional, legislative and policy framework as also in the international commitments of the country. Under the influence of this declaration, the National Council for Environmental Policy and Planning within the Department of Science and Technology was set up in This Council later evolved into a full-fledged Ministry of Environment and Forests MoEF in which today is the apex administrative body in the country for regulating and ensuring environmental protection.

After the Stockholm Conference, in , constitutional sanction was given to environmental concerns through the 42 nd Amendment, which incorporated them into the Directive Principles of State Policy and Fundamental Rights and Duties.

Since the s an extensive network of environmental legislation has grown in the country. State Pollution Control Boards together form the regulatory and administrative core of the sector.

A policy framework has also been developed to complement the legislative provisions. The Policy Statement for Abatement of Pollution and the National Conservation Strategy and Policy Statement on Environment and Development were brought out by the MoEF in , to develop and promote initiatives for the protection and improvement of the environment.

The EAP Environmental Action Programme was formulated in with the objective of improving environmental services and integrating environmental considerations in to development programmes. Other measures have also been taken by the government to protect and preserve the environment. Several sector-specific policies have evolved, which are discussed at length in the concerned chapters.

This chapter attempts to highlight only legislative initiatives towards the protection of the environment. Water quality standards especially those for drinking water are set by the Indian Council of Medical Research. These bear close resemblance to WHO standards. The discharge of industrial effluents is regulated by the Indian Standard Codes and recently, water quality standards for coastal water marine outfalls have also been specified.

In addition to the general standards, certain specific standards have been developed for effluent discharges from industries such as, iron and steel, aluminium, pulp and paper, oil refineries, petrochemicals and thermal power plants.

Legislation to control water pollution are listed below. Water Prevention and Control of Pollution Act, The Act prohibits the discharge of pollutants into water bodies beyond a given standard, and lays down penalties for non-compliance.

The Act was amended in to conform closely to the provisions of the EPA, This Act provides for a levy and collection of a cess on water consumed by industries and local authorities. It aims at augmenting the resources of the central and state boards for prevention and control of water pollution. Following this Act, The Water Prevention and Control of Pollution Cess Rules were formulated in for defining standards and indications for the kind of and location of meters that every consumer of water is required to install.

To counter the problems associated with air pollution, ambient air quality standards were established, under the Act. The Act provides means for the control and abatement of air pollution.

The Act seeks to combat air pollution by prohibiting the use of polluting fuels and substances, as well as by regulating appliances that give rise to air pollution. Under the Act establishing or operating of any industrial plant in the pollution control area requires consent from state boards.

The boards are also expected to test the air in air pollution control areas, inspect pollution control equipment, and manufacturing processes.

These are deemed to be levels of air quality necessary with an adequate margin of safety, to protect public health, vegetation and property CPCB cited in Gupta, Industry-specific emission standards have also been developed for iron and steel plants, cement plants, fertilizer plants, oil refineries and the aluminium industry. The ambient quality standards prescribed in India are similar to those prevailing in many developed and developing countries. To empower the central and state pollution boards to meet grave emergencies, the Air Prevention and Control of Pollution Amendment Act , , was enacted.

The boards were authorized to take immediate measures to tackle such emergencies and recover the expenses incurred from the offenders. The power to cancel consent for non-fulfilment of the conditions prescribed has also been emphasized in the Air Act Amendment. The Air Prevention and Control of Pollution Rules formulated in , defined the procedures for conducting meetings of the boards, the powers of the presiding officers, decision-making, the quorum; manner in which the records of the meeting were to be set etc.

They also prescribed the manner and the purpose of seeking assistance from specialists and the fee to be paid to them. Complementing the above Acts is the Atomic Energy Act of , which was introduced to deal with radioactive waste. In , the Motor Vehicles Act, was enacted to regulate vehicular traffic, besides ensuring proper packaging, labelling and transportation of the hazardous wastes.

Various aspects of vehicular pollution have also been notified under the EPA of Mass emission standards were notified in , which were made more stringent in In these standards were revised yet again and for the first time separate obligations for vehicle owners, manufacturers and enforcing agencies were stipulated. The notification made it mandatory for car manufacturers to conform to the Euro I and Euro II norms by May and April , respectively, for new non-commercial vehicle sold in Delhi.

The WPA Wildlife Protection Act , , provides for protection to listed species of flora and fauna and establishes a network of ecologically-important protected areas. The WPA empowers the central and state governments to declare any area a wildlife sanctuary, national park or closed area. There is a blanket ban on carrying out any industrial activity inside these protected areas. It provides for authorities to administer and implement the Act; regulate the hunting of wild animals; protect specified plants, sanctuaries, national parks and closed areas; restrict trade or commerce in wild animals or animal articles; and miscellaneous matters.

The Act prohibits hunting of animals except with permission of authorized officer when an animal has become dangerous to human life or property or so disabled or diseased as to be beyond recovery WWF-India, The near-total prohibition on hunting was made more effective by the Amendment Act of This Act was adopted to protect and conserve forests. This Act is an umbrella legislation designed to provide a framework for the co-ordination of central and state authorities established under the Water Prevention and Control Act, and Air Prevention and Control Act, Under this Act, the central government is empowered to take measures necessary to protect and improve the quality of the environment by setting standards for emissions and discharges; regulating the location of industries; management of hazardous wastes, and protection of public health and welfare.

From time to time the central government issues notifications under the EPA for the protection of ecologically-sensitive areas or issues guidelines for matters under the EPA. Coastal Regulation Zone Notification , which regulates activities along coastal stretches.

As per this notification, dumping ash or any other waste in the CRZ is prohibited. Dhanu Taluka Notification , under which the district of Dhanu Taluka has been declared an ecologically fragile region and setting up power plants in its vicinity is prohibited. Revdanda Creek Notification , which prohibits setting up industries in the belt around the Revdanda Creek as per the rules laid down in the notification. As per this notification:.

All developmental projects whether or not under the Schedule I, if located in fragile regions must obtain MoEF clearance. The notification also stipulated procedural requirements for the establishment and operation of new power plants. As per this notification, two-stage clearance for site-specific projects such as pithead thermal power plants and valley projects is required. Site clearance is given in the first stage and final environmental clearance in the second.

A public hearing has been made mandatory for projects covered by this notification. This is an important step in providing transparency and a greater role to local communities. This applies to all thermal plants located beyond one thousand kilometres from the pithead and any thermal plant located in an urban area or, sensitive area irrespective of the distance from the pithead except any pithead power plant. Taj Trapezium Notification , provided that no power plant could be set up within the geographical limit of the Taj Trapezium assigned by the Taj Trapezium Zone Pollution Prevention and Control Authority.

Disposal of Fly Ash Notification the main objective of which is to conserve the topsoil, protect the environment and prevent the dumping and disposal of fly ash discharged from lignite-based power plants. For the thermal power plants the utilisation of the flyash would be as follows:. Every coal-or lignite-based power plant shall make available ash for at least ten years from the date of publication of the above notification without any payment or any other consideration, for the purpose of manufacturing ash-based products such as cement, concrete blocks, bricks, panels or any other material or for construction of roads, embankments, dams, dykes or for any other construction activity.

Every coal or lignite based thermal power plant commissioned subject to environmental clearance conditions stipulating the submission of an action plan for full utilisation of fly ash shall, within a period of nine years from the publication of this notification, phase out the dumping and disposal of fly ash on land in accordance with the plan. The scheme attempts to provide incentives to manufactures and importers to reduce adverse environmental impacts, reward genuine initiatives by companies, and improve the quality of the environment and sustainability of available resources.

Besides the above attempts, notifications pertaining to Recycled Plastics Manufacture and Usage Rules, were also incorporated under the Environment Protection Act of These rules lay down the procedures for setting standards of emission or discharge of environmental pollutants. The Rules prescribe the parameters for the Central Government, under which it can issue orders of prohibition and restrictions on the location and operation of industries in different areas.

The Rules lay down the procedure for taking samples, serving notice, submitting samples for analysis and laboratory reports. The functions of the laboratories are also described under the Rules along with the qualifications of the concerned analysts.

This Act provided for the establishment of a National Environment Appellate Authority to hear appeals with respect to restriction of areas in which any industry operation or process or class of industries, operations or processes could not carry out or would be allowed to carry out subject to certain safeguards under the Environment Protection Act, In addition to these, various Acts specific to the coal sector have been enacted.

The first attempts in this direction can be traced back to the Mines Act, , which promoted health and safety standards in coal mines. Later the Coal Mines Conservation and Development Act came up for conservation of coal during mining operations. For conservation and development of oil and natural gas resources a similar legislation was enacted in There are several legislation that directly or indirectly deal with hazardous waste.

A brief description of each of these is given below. These include:. Hazardous Wastes Management and Handling Rules, , which brought out a guide for manufacture, storage and import of hazardous chemicals and for management of hazardous wastes. Biomedical Waste Management and Handling Rules, , were formulated along parallel lines, for proper disposal, segregation, transport etc. Municipal Wastes Management and Handling Rules, , whose aim was to enable municipalities to dispose municipal solid waste in a scientific manner.

Hazardous Wastes Management and Handling Amendment Rules, , a recent notification issued with the view to providing guidelines for the import and export of hazardous waste in the country.

The Factories Act, was a post-independence statute that explicitly showed concern for the environment. The primary aim of the Act has been to ensure the welfare of workers not only in their working conditions in the factories but also their employment benefits. While ensuring the safety and health of the workers, the Act contributes to environmental protection. The Act contains a comprehensive list of 29 categories of industries involving hazardous processes, which are defined as a process or activity where unless special care is taken, raw materials used therein or the intermediate or the finished products, by-products, wastes or effluents would:.

The Act covers accidents involving hazardous substances and insurance coverage for these. Where death or injury results from an accident, this Act makes the owner liable to provide relief as is specified in the Schedule of the Act. The Act provided strict liability for damages arising out of any accident occurring while handling any hazardous substance and for the establishment of a National Environment Tribunal for effective and expeditious disposal of cases arising from such accident, with a view to give relief and compensation for damages to persons, property and the environment and for the matters connected therewith or incidental thereto.

India is signatory to a number of multilateral environment agreements MEA and conventions. These are discussed at length in the respective chapters.

Why Register with Mondaq

The legal and regulatory framework for environmental protection in India. Over the years, together with a spreading of environmental consciousness, there has been a change in the traditionally-held perception that there is a trade-off between environmental quality and economic growth as people have come to believe that the two are necessarily complementary. The current focus on environment is not new—environmental considerations have been an integral part of the Indian culture. The need for conservation and sustainable use of natural resources has been expressed in Indian scriptures, more than three thousand years old and is reflected in the constitutional, legislative and policy framework as also in the international commitments of the country. Under the influence of this declaration, the National Council for Environmental Policy and Planning within the Department of Science and Technology was set up in This Council later evolved into a full-fledged Ministry of Environment and Forests MoEF in which today is the apex administrative body in the country for regulating and ensuring environmental protection. After the Stockholm Conference, in , constitutional sanction was given to environmental concerns through the 42 nd Amendment, which incorporated them into the Directive Principles of State Policy and Fundamental Rights and Duties.

Air pollution is responsible for many health problems in the urban areas. Of late, the air pollution status in Delhi has undergone many changes in terms of the levels of pollutants and the control measures taken to reduce them. This paper provides an evidence-based insight into the status of air pollution in Delhi and its effects on health and control measures instituted. Vehicular emissions and industrial activities were found to be associated with indoor as well as outdoor air pollution in Delhi. Studies on air pollution and mortality from Delhi found that all-natural-cause mortality and morbidity increased with increased air pollution.

“Air pollution in Delhi: Its Magnitude and Effects on Health”

Environmental law describes a network of regulations and customary laws that address the effects of human activity on the natural environment. These laws are also referred to as environmental and natural resource law and center on the idea of environmental pollution. In addition to this issue, environmental law works to manage specific natural resources and environmental impact assessment. There are a few key areas that environmental law works to regulate in order to lessen the impact on the environment. Some of these areas include:.

5 comments

  • Hamilton C. 21.11.2020 at 07:05

    Justice T S Doabia Environmental and Pollution Laws in India, Third Edition, by the Government of India for the authoritative text of any Act, Rule, Regulation, Notification or “How can you buy or sell the sky, the warmth of the land”.

    Reply
  • Cinthia C. 21.11.2020 at 23:43

    Hunting, fishing, and trapping are also popular activities throughout the unit but particularly in and around Perkins Clearing, the Jessup River and the Miami River.

    Reply
  • Daniel L. 23.11.2020 at 03:52

    Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising.

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  • Olinda V. 23.11.2020 at 23:10

    This resource is periodically updated for necessary changes due to legal, market, or practice developments.

    Reply
  • Bailey H. 24.11.2020 at 10:06

    The answer to all these questions again lies in the grey area of the Indian law, where nothing is ascertained with certainty. Land pollution may be explained as.

    Reply

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