Escolar Documentos
Profissional Documentos
Cultura Documentos
OBJECTIVE
Various Environmental Laws New Environmental Laws Environmental Policy in Modern India National Environment Policy, 2006 Pollution Prevention & Waste Minimization Rules Comparison of Sectoral Green House Gas (GHG) Regulations Gaps in the Regulatory Framework for GHG Emissions Important Judgments of Higher Courts Concerning Abatement of Air Pollution Recommendations
New Laws
Moving from General to Specifics
This has been made possible Environment Protection Act
1989 Hazardous Waste Rules 1998 Biomedical Waste Rules 1999 Rules for Recycled Plastics, Fly Ash Notification 2000 Municipal Solid Waste Rules 2000 Battery Mgt & Handling Rules
under
the
1986
MoEF?
R&A Core?
MoEF and the pollution control boards (CPCB i.e. Central Pollution Control Board and SPCBs i.e. State Pollution Control Boards) together form the Regulatory and Administrative Core of the sector.
Policy Statement
EAP
The EAP (Environmental Action Programme) was formulated in 1993 with the objective of improving environmental services and integrating environmental considerations into development programmes.
Legislative Framework
Water (Prevention and Control of Pollution) Act, 1974 Water (Prevention and Control of Pollution) Cess Act, 1977 Air (Prevention and Control of Pollution) Act, 1981 Atomic Energy Act of 1982 Motor Vehicles Act ,1988 The Wildlife (Protection) Act, 1972 The Forest (Conservation) Act, 1980 Environment (Protection) Act, 1986 (EPA) The National Environment Appellate Authority Act, 1997 Public Liability Insurance Act (PLIA), 1991 National Environment Tribunal Act, 1995
Makes the assessment of impact compulsory under an enacted law, or a delegated legislation An administration exercises its discretion to find out whether an impact study is necessary.
Administrative model
Economic Factors?
Non-existent or poorly functioning markets for environmental goods and services Market distortions created by price controls and subsidies Manufacturing technology adopted by most of the industries which generally, based on intensive resource & energy use. Expansion of chemical based industry Growing transport activities Expansion of port and harbour activities.
Lack of awareness and infrastructure makes implementation of most of the laws relating to environment, extremely difficult and ineffective. Low Priority at States and at Local Level Inadequate enforcement and compliance Inadequate institutional capacity & Finance Shortcomings in implementation of Plans
Institutional Factors?
CNG for Delhi vehicles. OR State or City Rules : Plastic carry-bags banned in many states.
Policies Framework
National Urban Transport Policy, 2006.
Legislative Framework
Motor Vehicles Act, 1988, PUC Norms Energy Conservation Act, 2001 Electricity Act, 2003
Measures
Inspection of vehicles, Euro I and II Emission Norms, 1999 Action Plan for Energy Efficiency
Institutional Framework
Ministry of Urban Development Ministry of Power, Bureau of Energy Efficiency (BEE)
Power
Energy
Energy policies driven by the imperatives of sustainable development, Integrated Energy Policy, National Hydrogen Energy Road Map, 2006
Environmental and forest clearances, environmental audit Energy Conservation Building Code (ECBC), 2006 Environmental Impact Assessment (EIA) requirements for large buildings.
CPCB, SPCB
Commercial buildings
Present Status
EPA, Air Act etc.
Gaps
Scattered laws and regulations
Needed Improvements
Comprehensive and coherent legislation
Sources of the GHG emissions in Emphasizes on the need for various sectors are not given due adaptation to climate change, and the consideration. It completely scope for incorporating these in ignores the need to reduce GHG relevant programs with over-riding emissions from its various sources priority of the right to development. scattered all over the various Inclusion of environmental sectors of the Indian economy on considerations in sectoral policy the presumption that India's making. It emphasizes the need to policies for sustainable institutionalize mechanism in order to development results in a operationalize environmental relatively GHGs benign growth concerns at all levels of government path. CPCB, SPCB, MoEF
Comprehensive environment policy on the need to reduce GHG emissions from its various sources scattered all over the various sectors of the Indian economy
Institutional framework
Dispute Settlement Sectoral regulations
Important Judgments
M.C. Mehta vs. Union of India Air pollution in Delhi caused Directed all commercial vehicles (CNG Case), AIR 2001 SC by vehicular emissions violates operating in Delhi to switch to CNG 1948. right to life under Art. 21 fuel mode. Union Carbide The Union Carbide Corporation was Corporation Damages were sought on behalf asked to pay a sum of U.S. Dollars 470 vs. of victims of Bhopal gas leak million in full settlement of all claims, Union of India disaster. rights and liabilities related to and (Bhopal I), arising out of the Bhopal gas disaster. AIR 1990 SC 273 M.C. Mehta and others Permitted to re-start the plant subject to vs. Closure of a chlorine plant weekly inspection, periodic health Shriram Food And Fertilizer following the leakage of oleum checks for the workers, recommended Industries And Union of India gas. the setting up of an Environmental (Oleum Gas Leak Case) Court. AIR 1987 SC 965
Chandigarh Administration & Others Vs. Namit Kumar and ors. , CWP No. 7639/1995 Absence of proper control of traffic and air pollution resulting into accidents Direction to issue authorization stickers to be displayed on the windscreens of the vehicles of the dignitaries permitted to use red lights.
WATER
Water-sharing cases are decades old.
Judgments continue to cover Ganga Action Plan, Yamuna Pollution, drinking-water for villages beside Bhima River ! National River Conservation Authority & National Water Policy wont succeed till we rethink centralized sewage treatment. Alwar villagers revive a dead river, but officials tried to destroy their check-dam Ground-water withdrawal rules flouted
AIR
MC Mehtas 1985 case for unleaded petrol won relief only in 2001, only because private sector Reliance offered it. Still 2 out of 7 IOC refineries produce leaded fuel which finds its way to cities. Public vigilance is the answer. Noise pollution judgments have begun: fire-crackers only during limited hours, loud-speaker rules for Calcutta, etc.
National Capital Territory of Delhis Bhure Lal Committee is the first in India to enjoy similar powers.
Recommendations
RECOMMENDATIONS
Major emphasis on polluter pay principle Public-private partnership in waste management Reform of regulatory system Reform of institutional system Emphasis on water conservation Maintenance of minimum water level in water bodies to sustain ecosystem and assimilative capacity Economic Instrument for Pollution Control Institutional Arrangement with Information System Monitoring, Promoting Compliance with, and Evaluating the Enforcement of Environmental Law with Climate co-benefits Regulatory and Market-Based Mechanisms to Encourage Private Investment in Renewable and Clean Technologies Controlling Non-Carbon Dioxide Greenhouse Gas Emissions
REFERENCES
http://agricoop.nic.in/ http://chemicals.nic.in/ http://www.coal.nic.in/ http://commerce.nic.in/ http://www.mit.gov.in/ http://fcamin.nic.in/ http://www.indiaculture.nic.in/ http://mdoner.gov.in/ http://dod.nic.in/ http://moef.nic.in/ http://mofpi.nic.in/ http://mohfw.nic.in/ http://dhi.nic.in/ http://www.mha.nic.in/