Basic Elements, Nature, Scope and Limitation of Environmental

Law

Laxman P. MainaliLLM, Climate Change Law

Master of Environmental Law

Basic Elements of Environment• Each country defines environment in their

environmental legislations where the elements of the environment can be found.

Some legal definitions of the “Environment” • Section 1(2) of the Environmental Protection Act 1990 (UK)

– “environment” consists of all, or any, of the following media, namely, the air, water and land; and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground.”

• Section 2 of the Environment Protection Act, 1986– “Environment" includes water, air, land and the interrelationship

which exists among and between water, air, and land and human beings, other living creatures, plants, micro-organism and property.

Contd..• Natural environment is a composite. It includes—all

the agents, forces, processes, and material resources of the world of Nature. For instance, the natural environment of any part of the earth’s surface can be classified into the following sixteen elements.1. Weather and climate

2. Landforms3. Rocks and minerals4. Soils5. Natural vegetation6. Native animal life7. Micro-organic realm

Contd..1. Surface waters of the land 2. Underground waters3. The ocean 4. The coast zone5. Geometrical position/Absolute location (it is one of the

factors which helps to create differences in human society.) 6. Natural situation7. Geographical location8. Regional form or shape9. Areal space or size

These elements are not present in all areas.

Contd..• Section 528 of the Environment Protection and Bio-

diversity Conservation Act, 1999 of Australia – “environment includes: (a)

ecosystems and their constituent parts, including people and communities; and (b) natural and physical resources; and (c) the qualities and characteristics of locations, places and areas; and (d) heritage values of places; and (e) the social, economic and cultural aspects of a thing mentioned in paragraph (a), (b), (c) or (d).”

• This definition of ‘Environment’ is not limited to the natural environment. In particular, paragraphs (c) and (d) include the qualities and characteristics of locations, places and areas, and the heritage values of places in the definition(air quality).

Contd..• Section 2 of the Environment Protection Act, 1997 of

Nepal– “(a) "Environment" means the interaction and inter-

relationship among the components of natural, cultural and social systems, economic and human activities and their components.

What is Environmental Law?• Environmental law is a law, both national and international

environmental law, that is related to the environment. Generally, the definition of the environmental law is not found in the national environmental law. But, the Environment Protection and Biodiversity Conservation Act of Australia has defined it in her national context.

Contd..• Under Section 528 of the Environment Protection

and Bio-diversity Conservation Act, 1999 of Australia.– “environmental law means:

(a) this Act; or (b) the regulations; or (c) the Great Barrier Reef Marine Park Act 1975; or (d) regulations made under the Great Barrier Reef Marine Park Act 1975”.

Scope Environmental Law• Air quality• Water quality and quantity• Soil erosion and land degradation• Protection of endangered species• Adequate treatment and proper disposal of waste• Proper management of dangerous chemicals• Mining• Forestry• Fisheries• Oil exploration and production• Eco-systems

Limitation of Environmental Law• National Environmental Law

– Limited in the national jurisdiction• International Environmental Law

– Beyond the National jurisdiction

Contd..• Forest• Wetlands• Scenic sites• High sea• Atmospheres• Antarctica• Outer space• Human Settlement• Minorities and Indigenous people