What are the Environment Authorities to check pollution in the country?

What are the Environment Authorities to check pollution in the country?
What are the Environment Authorities to check pollution in the country?

Environment Authorities are following – There are following Environmental Authorities have been constituted under the Environment (Protection) Act 1986. These are –

  • The Central Ground Water Authority – Aqua Culture Authority
  • Dahanu Taluka Environment (Protection) Authority
  • Environment Pollution (Prevention & Control) Authority for National Capital Region of Delhi
  • Loss of Ecology (Prevention and Payment of Compensation) Authority for State of Tamil Nadu.
  • National Environment Appellate Authority,1997

Environmental law means the laws that regulate the impact of human activities on the environment. Environmental law covers a broad range of activities that affect air, water, land, flora or fauna. It includes laws that relate to: Protection of animals and plants.

The functions of Central Pollution Control Board are

  • Advise the Central Government on matters relating to pollution;
  • Coordinate the activities of the State Boards;
  • Provide Technical assistance to the State Boards, carry out and sponsor investigations and research relating to control of pollution;
  • Plan and organize training of personnel;
  • Collect, compile and publish technical and statistical data, prepare manuals and code of conduct.
  • To lay down standards;
  • To plan nation wide programme for pollution control.

What are the Functions of Central Pollution Control Board?

What are the Functions of Central Pollution Control Board?
What are the Functions of Central Pollution Control Board?

The functions of Central Pollution Control Board are –

  • Advise the Central Government on matters relating to pollution;
  • Coordinate the activities of the State Boards;
  • Provide Technical assistance to the State Boards, carry out and sponsor investigations and research relating to control of pollution;
  • Plan and organize training of personnel;
  • Collect, compile and publish technical and statistical data, prepare manuals and code of conduct.
  • To lay down standards;
  • To plan nation wide programme for pollution control.

The Indian Penal Code has a chapter on offences affecting Public Health, Safety, Convenience (Chapter XIV). Sec. 268 provides that “a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger, or annoyance to persons who may have occasion to use any public right.” The section further explains that a common nuisance is not excusable on the ground that it causes some convenience or advantage. Other concerned provisions are: a “negligent act likely to spread infection or disease dangerous to life” (Sec. 269 IPC.), a “malignant act likely to spread infection or disease dangerous to life” (Sec. 270 IPC.), “making atmosphere noxious to health” (Sec. 278 IPC.).

 

What is meant by Command and Control approach towards pollution control?

What is meant by Command and Control approach towards pollution control?
What is meant by Command and Control approach towards pollution control?

Command and control refers to the present “Top down” approach under which the entire pollution control dispensation is prescribed from above. Prescriptions are in the form of orders which all are obliged to comply with. There is no scope for a bottom up approach under which each polluting unit can be given individual set of parameters.

The Central and State Pollution Control Boards were set up for enforcement of the Water (Prevention & Control of Pollution) Act, 1974. Over the years, the Boards have been assigned additional responsibilities which include the following :

  • Water (Prevention & Control of Pollution) Cess Act, 1977.
  • Air (Prevention & Control of Pollution) Act, 1981
  • Environment (Protection) Act, 1986 and Rules made thereunder
  • Hazardous Waste (Management & Handling) Rules1989.
  • Manufacture, storage and Import of Hazardous Chemicals Rules, 1989
  • Bio-medical Waste (Management & Handling) Rules, 1998
  • Municipal Solid Waste (Management & Handling) Rules, 2000.
  • Plastics wastes Rules, 1999 o Coastal Regulation Zone Rules, 1991
  • Public Liability Insurance Act, 1991

Who prescribes the standards for pollution control?

Who prescribes the standards for pollution control?
Who prescribes the standards for pollution control?

The standards are prescribed by the Ministry of Environment & Forest, Govt. of India, which are minimum uniform national standards, which can not be relaxed by any Authority including SPCBs and Maharashtra Pollution Control Board, which can prescribe more stringent standards than whatever laid down by the MoEF, GoI, taking into consideration the local conditions.

Environmental law means the laws that regulate the impact of human activities on the environment. Environmental law covers a broad range of activities that affect air, water, land, flora or fauna. It includes laws that relate to: Protection of animals and plants.

According to Section 2(a) of the Environmental Protection Act, 1986, ‘Environment’ includes
a) Water, air and land
b) The inter-relationship which exists among and between,
i) water, air, land, and
ii) human beings, other living creatures, plants, microorganisms and property

What are the provisions for environmental protection?

What are the provisions for environmental protection?
What are the provisions for environmental protection?

The Indian Penal Code has a chapter on offences affecting Public Health, Safety, Convenience (Chapter XIV). Sec. 268 provides that “a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger, or annoyance to persons who may have occasion to use any public right.” The section further explains that a common nuisance is not excusable on the ground that it causes some convenience or advantage. Other concerned provisions are: a “negligent act likely to spread infection or disease dangerous to life” (Sec. 269 IPC.), a “malignant act likely to spread infection or disease dangerous to life” (Sec. 270 IPC.), “making atmosphere noxious to health” (Sec. 278 IPC.).

But the essential requirement of the provision to punish a man is the guilty intention of the accused, i.e. either the act of the accused should be negligent, malignant or voluntary, which vitiates the atmosphere. In case of public nuisance, the Penal Code provides for fines up to Rs. 200/- by way of punishment (Sec. 290 IPC.) and for making the atmosphere noxious to health Rs. 500/- only (Sec.78 IPC.).

The punishments are too meagre to meet the objectives. With these penal provisions, it is not possible to check environmental pollution.

 

According to Section 2(a) of the Environmental Protection Act 1986, what are includes in Environment?

environmentAccording to Section 2(a) of the Environmental Protection Act, 1986, Environment includes following –
a) Water, air and land
b) The inter-relationship which exists among and between,
i) water, air, land, and
ii) human beings, other living creatures, plants, microorganisms and property.

Environmental law means the laws that regulate the impact of human activities on the environment. Environmental law covers a broad range of activities that affect air, water, land, flora or fauna. It includes laws that relate to: Protection of animals and plants.

Important Environmental Laws in the country –
  • Water (Prevention and Control of Pollution) Act, 1974;
  • Air (Prevention and Control of Pollution) Act, 1981,
  • Cess Act, 1977, – Environment (Protection) Act, 1986 and Rules there under
  • Public Liability Insurance Act, 1981,
  • National Environmental Tribunal Act, 1995
  • National Environment Appellate Authority Act, 1997

 

What are the general functions of most environmental laws?

What are the general functions of most environmental laws?
What are the general functions of most environmental laws?

The general functions of most environmental laws are –

  • Set offences and penalties for causing harm to the environment which is not authorised
  • Assess, control or stop certain activities (such as land use and development) before they are carried out
  • Set policies and standards for how activities will be controlled and how environmental decisions and approvals will be made
  • Enable members of the public to take part in environmental decision-making
  • Create regulatory structures for environmental management, such as regulatory agencies (e.g. the Department of Lands, Planning and Environment)
  • Create specialist courts and tribunals (e.g. the Lands, Planning and Mining Tribunal)

In the Northern Territory, some environmental laws are made by the Northern Territory Parliament. Others are made by the Commonwealth Parliament. Some environmental laws are also made by local councils or the courts.

Environmental law means the laws that regulate the impact of human activities on the environment. Environmental law covers a broad range of activities that affect air, water, land, flora or fauna. It includes laws that relate to: Protection of animals and plants.

 

What are included in Environmental Laws?

What are included in Environmental Laws?
What are included in Environmental Laws?

Environmental law means the laws that regulate the impact of human activities on the environment. Environmental law covers a broad range of activities that affect air, water, land, flora or fauna. It includes laws that relate to: Protection of animals and plants. It includes laws that relate to:

  • Protection of animals and plants
  • Planning for the use and development of land
  • Mining, exploration and extractive industries
  • Forestry
  • Pollution
  • Fisheries
  • Land and fire management
  • Agriculture and farming
  • Waste management
  • Climate change and emissions
  • Water resource management (lakes, wetlands, rivers and oceans)
  • Chemicals and pesticides
  • Weeds and invasive species
  • Marine life
  • Conservation of natural and cultural heritage

The importance of environment law are following –

  • Water (Prevention and Control of Pollution) Act, 1974;
  • Air (Prevention and Control of Pollution) Act, 1981,
  • Cess Act, 1977, – Environment (Protection) Act, 1986 and Rules there under
  • Public Liability Insurance Act, 1981,
  • National Environmental Tribunal Act, 1995
  • National Environment Appellate Authority Act, 1997

What is National Environmental Tribunal Act of 1995?

What is National Environmental Tribunal Act of 1995?
What is National Environmental Tribunal Act of 1995?

This has been created to award compensation for damages to persons, property and the environment arising from any activity involving hazardous substances.

Environmental law means the laws that regulate the impact of human activities on the environment. Environmental law covers a broad range of activities that affect air, water, land, flora or fauna. It includes laws that relate to: Protection of animals and plants.

The Constitution of India clearly states that it is the duty of the state to ‘protect and improve the environment and to safeguard the forests and wildlife of the country’. The Department of Environment was established in India in 1980.This later became the Ministry of Environment and Forests in 1985.

The EPA (Environment Protection Act), 1986 came into force soon after the Bhopal Gas Tragedy and is considered an umbrella legislation as it fills many gaps in the existing laws. Thereafter a large number of laws came into existence as the problems began arising, for example, Handling and Management of Hazardous Waste Rules in 1989.

What are the objects of environment protection Act 1986?

What are the objects of environment protection Act 1986?
What are the objects of environment protection Act 1986?

An Act 1956 to provide for the protection and improvement of environment and for matters connected there with:

WHEREAS the decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment;

AND WHEREAS it is considered necessary further to implement the decisions aforesaid in so far as they relate to the protection and improvement of environment and the prevention of hazards to human beings, other living creatures, plants and property.

In the Constitution of India it is clearly stated that it is the duty of the state to ‘protect and improve the environment and to safeguard the forests and wildlife of the country’. It imposes a duty on every citizen ‘to protect and improve the natural environment including forests, lakes, rivers, and wildlife’. Reference to the environment has also been made in the Directive Principles of State Policy as well as the Fundamental Rights. The Department of Environment was established in India in 1980 to ensure a healthy environment for the country. This later became the Ministry of Environment and Forests in 1985.

The constitutional provisions are backed by a number of laws – acts, rules, and notifications. The EPA (Environment Protection Act), 1986 came into force soon after the Bhopal Gas Tragedy and is considered an umbrella legislation as it fills many gaps in the existing laws. Thereafter a large number of laws came into existence as the problems began arising, for example, Handling and Management of Hazardous Waste Rules in 1989.