Table of Content
Sl. No. Topic 1 Introduction 2 Water and Air Acts 3 Prevention and Control of Pollution 4 The Environment (Protection ) Rules, 1986 5 Hazardous Wastes (Management and Handling) Rules, 1989 6 Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 7 Administration of Environment Pollution 8 Sanction in the EPA 9 Water (Prevention and Control Of Pollution) Cess Act, 1977 10 General Powers of the Central Government 11 Appointment of officers and their powers and functions 12 Power to give directions 13 Rules to regulate environmental pollution 14 Bibliography
ENVIRONMENT PROTECTION ACT
The Environment Protection Act, 1986, is a comprehensive law, dealing with questions regarding the protection of environment. Concern for the protection of environment is a relatively new subject, just about two decades old. Earlier, there were provisions in legislations which indirectly addressed environmental problems, like the provisions on fouling of water in the Indian Penal Code. Later, there were legislations which had different focus, but some provisions directly addressed environmental problems, like the provisions in the Factories Act. The first legislation which specifically addressed the environmental problem was the Water (Prevention of Pollution) Act, 1974. This was followed by another of its kind, the Air (Prevention and Control of Pollution) Act, 1981. The Environment Protection Act (EPA) is a successor to these two environments.
Water and Air Acts
The Water Act envisages the setting up of Central and State boards for the prevention and control of water pollution. The task of these bodies, among others, is the prevention and control of the discharge of water into streams or wells, as also to lay down effluent standards to be completed with by industries. The two important functions of the state boards are: to lay down the standards of pollution and to make consent order for polluting and sewage effluent into streams. The boards have been granted ample powers of investigation, inspection, sample collection and testing, and also the power to prosecute violators of the Act. The boards are also given to carry out themselves, certain works relating to the prevention of pollution.
The Air Act deals with the control of emission of noxious substances from industries and automobiles. However, it applies only to specified industrial processes, in notified areas, called the ‘Air Pollution Control Areas’ (APCA). The functions under the Act are entrusted to the Central and State boards created under the Water Act. The State Government, after consultation with the State board, issues a notification, declaring a particular area as an ‘air pollution control area’. The specified industries to which the Act applies are scheduled, to the Act. The specified industries in the APCA have to seek consent from the Board, to emit noxious substances.
After the enactment of the Air Act, the Central board became the Central Water and Air Prevention of Pollution Control Board. Similarly, the state boards became the State Pollution Control Boards.
Prevention and Control of Pollution
The EPA is a general legislation for environmental protection, more accurately, for the control of pollution and handling of hazardous substances. It is a skeletal legislation. It gives broad powers to the Union Government and leaves the details to be worked out by the Central Government, by forming rules regarding each detail. Section 3 of the Act gives extension to the Central Government, for the prevention, control and abatement of environment pollution. The rule making powers are broad and include the following areas, regarding which rules can be made:
· Standard of quality of air, water and soil for various areas and purposes.
· Maximum permissible level of pollutants of different areas.
· Procedures and safeguards for the handling of hazardous substances
· Prohibition and restrictions on handling of hazardous substances
· Prohibition and restrictions on location of industries
· Procedures and safeguards for the prevention of accidents which may cause environmental pollution.
Following the rule making powers, the Central Government has made several rules. These include the Environment (Protection) Rules, Hazardous Wastes (Management and Handling) Rules, 1989 and Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989.
The Environment (Protection) Rules, 1986
Under the Rule making powers of the Act, the Environment Protection Rule, 1986, has been made. The Rule provides the maximum permissible level of emission or discharge of environmental pollutants from industries. It covers a very large number of industries, including caustic soda manufacturing, oil refinery, sugar industry, thermal power plant, cotton textiles, cement plants, small pulp and paper industry and composite woolen mills. The Rule also provides the standards for automobile exhaust and specifies standards for the manufacture of automobiles. The enforcement has been entrusted to the State pollution boards. The Rule provides that the Central or State boards may provide even more stringent standards for these industries, after recording reasons in writing. At the same time, if the Central or the State boards has granted a time bound programme to an industry, to meet the prescribed standards, then pollution in the mean while will not be an offence under the Act. Through these provisions, the Act uses the boards as administrative bodies. Apart from this provision, it is the Central Government which has the exclusive charge of administering the Act.
Hazardous Wastes (Management and Handling) Rules, 1989
The hazardous wastes (management and handling) rules, 1989, specify all the things which would be considered as hazardous wastes, depending on their quantity. The things so specified, include, cyanide waste, mercury, arsenic, paints, pigments, glue, waste oil, asbestos, etc. The person or the firm generating the hazardous waste has to ensure that all practical steps are taken for the proper handling, collection, reception, treatment, storage and disposal of these wastes. Further, every person generating a hazardous waste and possessing the facility for the collection, reception, treatment or storage of the waste, should seek authorisation from the state pollution control board. Through the means of this authorization, the state board comes to regulate the process and the facility. The rules also regulate the packing, the labeling and transport of hazardous wastes.
Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989
These rules specify hazardous and toxic chemicals. Every person or firm, who handles or deals in these substances, has to identify the major accident hazards and take precautions to prevent accidents and limit their consequences to persons and environment. The firms have to provide safety reports. Through this mechanism and others, the concerned authorities regulate their activity.
Some of the other rules and orders under the act are:
· Rules for the manufacture, use, import, export and storage of hazardous micro-organisms/ genetically engineered organisms or cells.
· Chemical Accidents (Emergency Planning Preparedness and Response) Rules, 1996.
· Bio-Medical Waste (Management and Handling) Rules, 1998.
· 2-T Oil (Regulation of Supply and Distribution) Order, 1998.
Administration of Environment Pollution
Till the enactment of the EPA, pollution control was an administrative responsibility of the State Pollution Control Boards and the Central Board. The EPA has vested broad powers in the Central powers of the Central Government is to create bodies for the administration of the Act. In fact, the Preamble mentions the lack of co-ordination of the administrative bodies for the control of pollution, as one of the reasons for the enactment of the EPA.
Sanctions in the EPA
The Act provides stringent sanctions for a violation of the Act. Section 15 provides that whosoever contravenes any provision of the Act, rules, orders, or directions issued under the act, is punishable with a term of imprisonment extending up to 5 years or with a fine up to Rs1, 00,000 or both. It further adds that after conviction for the offence, ‘if the failure or contravention continues’, an additional fine, which may extend upto 5 thousand Rupees for every day, will be imposed. The punishment is intended to be harsh.
Section 16 deals with offences by companies. It holds the offending company as well as the persons directly in charge & responsible for the company & for the conduct of the business of the company, guilty, provided a person can prove that the offence was committed without his knowledge or that he ‘exercised due diligence to prevent the commission of the offence’. That is, the company is liable as a corporate body of the offence. And the person/persons, who are responsible for the conduct of the business of the company which led to the offence, will be held liable.
Section 17 deals with an offence by a government department. It holds the head of the department guilty, provided he can prove that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of the offence. Generally, government departments are shielded from sanctions provided in legislations. It is encouraging that now; they are gradually, being put on the same footing as any other offender. More so, this Act holds the executive head individually liable.
Water (Prevention and Control of Pollution) Cess Act, 1977
If the government has to administer the prevention and control of pollution, the question that arises is who should pay for the cost of administration. In other words, an industry gets profit from its operations, while the people get pollutants. Who has to pay to ensure that in the process of making profits, people do not get pollutants? The Water (Prevention and Control of Pollution) Cess Act, 1977, (the Act) partially answers this question.
The Act levies a cess on specified industries and local bodies. The cess depends on the amount of water consumed and the nature of pollution the process causes. The rationale for this provision is that if fresh water is to be taken in by the industries and local bodies, and polluted water is to be discharged, why should they not pay for diminishing the quality of water? This levy contributes towards the expenses of the Central and State Boards for prevention and control of water pollution.
Fifteen industries have been specified under the Act. The list includes, among others, the petroleum industry, chemical industry, paper industry, fertilizer industry and processing of animal or vegetable products industry. Local bodies are seen as taking in fresh water, distributing it to the people, and in the end, discharging sewage. The Act encourages the installation of treatment plants. It gives a rebate of 70 percent in cess to those who install a treatment plant. The Act is implemented by the central board in the union territories and the state boards in the states.
The Act provides for the installation of equipments to measure water consumption. It guards against double imposition of levy. The cess evaders can be imprisoned for up to a term of six months or fined upto Rs 1,000, or bot. the cess applies differentially, depending on the nature of pollution.
GENERAL POWERS OF THE CENTRAL GOVERNMENT
- Powers of Central Government to take measures to protect and improve environment.
1. Subject to the provisions of this Act, the Central Government shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution.
2. In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures with respect to all or any of the following matters, namely-
I. Co –ordination of actions by the State Government, officers and other authorities-
a. Under this Act, or the rules made there under or
b. Under any other law for the time being in force which is relatable to the object of this Act;
II. Planning and execution of a nation-wide programme for the prevention , control and abatement of environmental pollution;
III. Laying down standards for the quality of environmental in its various aspects;
IV. Laying down standards for emission or discharging of environmental pollutants from various sources whatsoever:
Provided that different standard s for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge if environmental pollutants from such sources;
I. Restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out the certain safeguards;
II. Laying down procedures and safeguard for the prevention of accident which may cause environmental pollution and remedial measures for such accident;
III. Laying down procedures and safeguard for the handling of hazardous substance;
IV. Examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution;
V. Carrying out and sponsoring investigations and research relating to problems of environmental pollution;
VI. Inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving , by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution;
VII. Establishment or recognition of environmental ; laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act;
VIII. Collection and disseminations of information in respect of matters relating to environmental pollution;
IX. Preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution;
X. Such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act.
The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise
- Appointment of officers and their powers and functions – (without prejudice) to the provisions of sub-section (3) of section 3, the central government may appoint officers with such designations as it thinks fit for the purposes of this act and may entrust to them such of the powers and functions under this Act as it may deem fit.
(2) The officers appointed under sub-section (1) shall be subject to the general control and direction of the central government or, if so directed by that government, also of the authority or authorities, if any constituted, under sub- section (3) of section 3 or of any other authority or officer.
- Power to give directions – Notwithstanding anything contained in any other law but subject to the provisions of this Act, the central government may, in the exercise, of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions.
For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct –
(a) The closure, prohibition or regulation of any industry, operation and process; or
(b) Stoppage or regulation of the supply of electricity or water or any other service.
- Rules to regulate environmental pollution – (1) The central government may, by notification in the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) The standards of quality of air, water or soil for various areas and purposes;
(b) The maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas;
(c) The procedures and safeguards for the handling of hazardous substances;
(d) The prohibition and restrictions on the handling of hazardous substances in different areas;
(e) The prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas;
(f) The procedures and safeguards for the preventions of accidents which may cause environmental pollution and for providing for remedial measures for such accidents.
ENVIRONMENTAL PROTECTION ACT 1986 - OBJECT AND PRINCIPLES OF ACT
The object of this Act is to protect the environment of the State, having regard to the following principles —
Bibliography
· Pathak. Akhikeshwar, (2008), “Legal Aspects of Business”, Tata McGraw Hill Publishing Co. Ltd, New Delhi.Table of Content
Posts
0 comments:
Post a Comment