environment legislation in india.pptx89

8/6/2019 Environment Legislation in India.pptx89

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ENVIRONMENTALLAWSENVIRONMENTALLAWS

ENVIRONMENTALCLEARANCEENVIRONMENTALCLEARANCE

ENVIRONMENT LEGISLATION IN INDIA

BY AVIRAL SINGH RANA

M.TECH{ESE-FIRST SEM}

2010MT0126

ISM

DHANBAD


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WHAT IS ENVIRONMENT ?

y What is Environment?

y It is inter & intra relationship between biotic &

ABIOTIC systems.y Biotic Human & Other Living Beings .

y Abiotic Air, Water, Land/soil, Spectrum


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LEGAL DEFINITION OF ENVIRONMENT

y As per the EPA 1986, environment is defined asBelow:

y environment includes water, air and land and the

inter relationship which exists among & betweenwater, air and land, and human beings, other livingcreatures, plants, micro organisms & property


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WHAT IS LAW?

y In general terms it means rules & regulation

y Law CAN BE DEFINED as Body of principles recognized

& accepted by the state in administration of the justice


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The subjects related to environment in theseventh schedule of the Constitution:

y Union List Entries

y 52 Industries.

y 53 Regulation and development of oil fields andmineral oil resources.

y 54 Regulation of mines and mineral development.

y56 Regulation and development of inter-State riversand river valleys.

y 57 Fishing and fisheries beyond territorial waters.


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y State List Entries

y 6 Public healthand sanitation.

y 14 Agriculture, protection against pestandprevention of plant diseases.

y 18 Land, etc.

y

21 Fisheries.y 23 Regulation of mines and mineral development .


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y Common or Concurrent List Entries

y 17A Forests.

y 17B Protection ofwild animals and birds.

y 20 Economic and social planning.

y 20A Population control and family planning


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THE ELECTRICITY ACT, 2003

y This Act seeks to create a framework for the powersector development by measures conducive to theindustry

y

Electrici

ty Ac

tdoes no

texplici

tly de

alw

ith

environmental implications ofactivities related topower transmission

y applicable legal provisions under this Actare asfollows

y Section 68(1) - sanction from the Ministry of Power(MOP) is a mandatory requirement for taking up anynewproject


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THE FOREST (CONSERVATIONACT)1980

y This Act provides for the conservation of forests andregulating diversion of forestlands for non-forestrypurposes

y When projects falls within forestlands, priorclearance is required from relevantauthorities underthe Forest (Conservation) Act, 1980.

y State governments cannot de-reserve any forestland

or authorize its use for any non-forest purposeswithoutapproval from the Central government


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The flowchart for forest clearance as per this law

y IDENTIFICATION OF FOREST AREAINVOLVED (LOCATION OF PROJECT)

y FORMULATION OF FOREST PROPOSAL

yAPPROVAL OF PROPOSAL


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ENVIRONMENTAL (PROTECTION) ACT,1986

y The Environment (Protection) Act, 1986 wasintroduced as an umbrella legislation that provides aholistic framework for the protection andimprovementto the environment

y In terms of responsibilities, the Actand theassociated Rules requires for obtainingenvironmental clearances for specific types of new/expansion projects (addressed under Environmental

Impact Assessment Notification, 1994) and forsubmission ofan environmental statementto theState Pollution Control Board annually


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AIR (PREVENTION AND CONTROL OFPOLLUTION) ACT 1981

y The objective ofthis Act is to provide for theprevention, control and abatement ofair pollution,for the establishment, witha viewto carrying outthe

aforesaid purposesy Decisions were taken atthe United Nations

Conference on the Human Environmentheld inStockholm in June 1972


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WATER (PREVENTION & CONTROL ) ACT1974

y The objectives ofthe Water (Prevention and Controlof Pollution) Actare to provide for the Preventionand Control ofWater Pollution .


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WILDLIFE PROTECTION ACT, 1972

y According to the Wildlife Protection Act, 1972"wildlife" includes any

y animal, bees, butterflies, fishand moths; and

aquatic or land vegetation which forms part ofanyhabitat.

y In accordance withWildlife (Protection)Amendment Act, 2002 no alternation of boundaries

/ National Park / Sanctuary shall be made bytheState Govt. except on recommendation oftheNational Board for Wildlife (NBWL


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THE BIOLOGICAL DIVERSITY ACT, 2002

y The Ministry of Environmentand Forests has enactedthe Biological Diversity Act, 2002 under the UnitedNations Convention on Biological Diversity signed at Riode Janeiro on the 5th day of June, 1992 ofwhich India isalso a party .

y This Act is to provide for the conservation of biologicaldiversity, sustainable use of its components, and fair andequitable sharing ofthe benefits arising out ofthe sued of

biological resources, knowledge and for mattersconnected therewith .

y As per the provision ofact certain areas, whichare rich inbiodiversityand encompasses unique and representativeecosystems are identified and designated as biospherereserve to facilitate its conservation


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HAZARDOUS WASTES ,AMENDMENT RULES, 2003

y These Rules classify used mineral oil as hazardouswaste under the Hazardous Waste (Management &Handling) Rules, 2003that requires proper handling

and disposaly Organization will seekauthorization for disposal ofhazardous waste from concerned State PollutionControl Boards (SPCB) as and when required.


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OZONE DEPLETING SUBSTANCES(REGULATION AND CONTROL) rules

y Environment (Protection) Act, 1986 has notifiedrules for regulation/ control of Ozone DepletingSubstances ( ODS) under Montreal Protocol.

y As per the notification certain control and regulationhas been imposed on manufacturing, import, export,and use ofthese compounds


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OTHER ENVIRONMENT RELATEDLAWS

y The Shore Nuisance Act, 1853

y This is the earliest Act on the statue book concerningcontrol ofwater pollution in India

y The North India Canal and Drainage Act,1873

y Section 8 ofthe Act empowered the CentralGovernmentto make Rules to regulate or prohibit

the throwing of rubbish in any fairway leading to aport causing or likelyto give rise to a bank or shoal


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y Indian Easements Act, 1882 Illustrations (f), (h)and (j) of Section 7 ofthe Act deal with pollution ofwaters.

y The Indian Fisheries Act, 1897

The Indian Fisheries Act, 1897 contains seven sections.Section 5 ofthe Act prohibits destruction of fish by

poisoningwaters.


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y Indian Ports Act, 1908

y Water pollution by oil has been regulated bytheIndian Ports Act, 1908

y The Indian Forest Act, 1927y Section 26(i) ofthe Act makes it punishable ifany

person, who, in contravention ofthe rules made bythe State Government, poisons water ofa forestarea.


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y The Factories Act, 1948

y Factories Act, 1948 is a social welfare legislation intendto secure health, safetyand welfare ofthe workersemployed in factories.

y The Mines Act, 1952

y Chapter V ofthe Act deals with provisions regardinghealthand Safety ofthe employees.

y The River Boards Act, 1956

y The Act provides for the creation of River Boards forregulation and development of interstate rivers and river

valleys


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THANKING YOU

environment legislation in india.pptx89

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