lab final report

8/8/2019 LAB Final Report

http://slidepdf.com/reader/full/lab-final-report 1/34

Legal Aspects of Business

Project Report

on

Environment Protection Act, 1986

Submitted to: Submitted By:

Dr. K L Chawla Section C

Group 7

Pooja Goswami 81160



Priya Jain 81161

Puneet Singh 81162

Piyush Mehta 81163

R Vivek 81164

Rahul Padia 81165

2



Acknowledgement

We would like to express our sincere gratitude to all those who provided us with an

opportunity to learn and helped us complete this project.

First of all, we would like to thank my internal faculty guide Dr. K.L Chawla Sir for giving us

the permission to commence this project. The continuous interactions with him guided us

well and were of immense help under which we were able to carry out this project

successfully.

This study helped us gain an insight of the rules and regulations pertaining to the

Environment Protection or its repercussions thereafter. It helped us understanding the

importance of protecting the environment with the legal aspects attached to it.

3



Executive Summary

This is an act to provide for the protection and improvement of environment and for matters

connected there with. It tells us about the Prevention, Control and Abatement of Environmental Pollution. The Act relates to the protection and improvement of environment

and the prevention of hazards to human beings, other living creatures, plants and property.

The Act mainly covers the rules to regulate environmental pollution and the prevention,

control, and abatement of environmental pollution.

The Environment (Protection) Rules cover management and handling of hazardous wastes,

manufacture, storage and import of hazardous chemicals and rules for the manufacture, use,

import, export and storage of hazardous micro-organisms, genetically engineered organisms

or cells.

4



Table of Contents

Introduction……………………………………………………………………………..5

About the Act………………………………….………………………………………..7

Description……………………………………….……………………………………..9

Pollution control standards…………………………………………………………….11

Sample collection…………………………………………..………………………….14

2-T Oil………………………………………………………………………………....15

Fellowships and Awards………………………………………………………………16

Coastal Region……………………………………………………………………...…19

ECOMARK…………………………………………………………………………....20

Environmental Labs…………………………………………………………………...22

Rules on Environment Protection Act, 1986………………………………………….23

Case Study fitting the present Scenario……………………………………………….25

References……………………………………………………………………………..26

5



Introduction

The introductory line of the act states as follows:

An Act 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, Loch living creatures, plants and property. (The Environment Act)

The primary objective is to provide for the protection and improvement of the environment to

safeguard the forests and wildlife of the country. Before going into details let’s have a look at

how the act has shaped over the years.

Timelines

6



The Department of Environment was established in India in 1980. This later became the

Ministry of Environment and Forests in 1985. (Env Laws). 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.(Env Laws)

General

The list of the environment legislations can be listed as follows:

General

Forest and wildlife

Water

Air

In terms of individual legislations the timelines listed will be:

1986 – The Environment (Protection) Act

1986 - The Environment (Protection) Rules

1989 - The objective of Hazardous Waste (Management and Handling) Rules

1989 - The Manufacture, Storage, and Import of Hazardous Rules

1989 - The Manufacture, Use, Import, Export, and Storage of hazardous Micro-

organisms/ Genetically Engineered Organisms or Cells Rules

1991 - The Public Liability Insurance Act and Rules and Amendment, 1992

1995 - The National Environmental Tribunal Act

1997 - The National Environment Appellate Authority Act

1998 - The Biomedical waste (Management and Handling) Rules

1999 - The Environment (Siting for Industrial Projects) Rules, 1999 2000 - The Municipal Solid Wastes (Management and Handling) Rules, 2000

2000 - The Ozone Depleting Substances (Regulation and Control)

2001 - The Batteries (Management and Handling) Rules, 2001

2002 - The Noise Pollution (Regulation and Control) (Amendment)

2002 - The Biological Diversity

Forest and Wildlife

7



1927 - The Indian Forest Act and Amendment, 1984

1972 - The Wildlife Protection Act, Rules 1973 and Amendment 1991

1980 - The Forest (Conservation) Act and Rules, 1981

Water

1882 - The Easement Act

1897 - The Indian Fisheries Act

1956 - The River Boards Act

1970 - The Merchant Shipping Act

1974 - The Water (Prevention and Control of Pollution) Act

1977 - The Water (Prevention and Control of Pollution) Cess Act

1978 - The Water (Prevention and Control of Pollution) Cess Rules

1991 - The Coastal Regulation Zone Notification

Air

1948 – The Factories Act and Amendment in 1987

1981 - The Air (Prevention and Control of Pollution) Act

1982 - The Air (Prevention and Control of Pollution) Rules

1982 - The Atomic Energy Act

1987 - The Air (Prevention and Control of Pollution) Amendment Act

1988 - The Motor Vehicles Act

8



About the Act

The act is divided into various chapters. The division is as follows:

Chapter I

Preliminary information about definitions short title, extent and commencement is given. The

chapter aims to define the key words which are used in the act. The division of the chapter is:

• Short title, extent and commencement

• Definitions

The following are defined:

• Environment

• Environmental pollutant

• Environmental pollution

• Handling

• Hazardous substance

• Prescribed

• Occupier

Chapter II

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 abatingenvironmental pollution. The Central Govt. has delegated the powers vested in it under

9



section 5 of the Act to the State Govt.of Andhra Pradesh , Assam, Bihar, Gujarat, Haryana,

Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh, Mizoram, Orissa, Rajasthan, Sikkim,

and Tamil Nadu subject to the condition that the Central Govt. may revoke such delegation of

powers in respect of all or any one or more of the State Govt. or may itself invoke the

provisions of section 5 of the Act, if in the opinion of the Central Govt. such a course of

action is necessary in public interest,(Notification No. S.O 152(E) dated 10-2-88 published in

Gazette No, 54 of the same date. (The Environment Act)

These Powers have been delegated to the following State Govt. also on the same terms.

• Meghalaya ,Punjab and Uttar Pradesh vide Notification No.S.O389(E)dated 14-4-88

published in the Gazette No.205 dated 14-4-88

• Maharashtra vides Notification No. S.O 488(E)dated 17-5-88 published in the Gazette

No. 255 dated 17-5-88

• Goa and Jammu & Kashmir vide Notification No. S.O 881(E)dated 22-9-88 published

in the Gazette No.749 dated 22-9-88

• West Bengal Manipur vides Notification No. S.O 408(E)dated 6-6-89 published in the

Gazette No. 319 dated 6-6-89

• Tripura vide Notification No. S.O 479(E)dated 25-7-91 published in the Gazette No.

414dated 25-7-91

The following are the contents of this chapter

• Power of Central Government to take measures to protect and improve

• environment

• Appointment of officers and their powers and functions.

• Power to give directions.

• Rules to regulate environmental pollution.

10



Chapter III

This chapter deals with Prevention, Control and Abatement of Environmental Pollution. The

following are mentioned:

• Persons carrying on industry, operation, etc. not to allow emission ordischarge of

environmental pollutants in excess of the standards.

• Persons handling hazardous substances to comply with proceduralsafeguard.

• Furnishing of information to authorities and agencies in certain cases.

• Power of entry and inspection.

• Power to take sample and procedure to be followed in connection therewith.

• Environmental Laboratories.

• Government analysts.

• Reports of Government analysts.

• Penalty for contravention of the provisions of the act and the rules, ordersand

directions

• Offences by companies.

• Offences by Government Departments.

Chapter IV

Miscellaneous issues which are bulleted below are the content of this chapter:

• Protection of action taken in good faith.

• Cognizance of offences.

• Information, Reports or Returns.

11



• Members, Officers and Employees of the authority constituted under section3 to be

public servants

• Bar of Jurisdiction.

• Power to delegate.

• Effect of other laws.

• Power to make rules.

• Rules made under this act to be laid before parliament.

Description

Hazardous substance management

After the environmental disasters like the Bhopal gas tragedy, the government has come out

with a set of rules based on the sections 6,8 and 25 of the Environment Protection Act 1986.

In these rules various terms regarding chemical pollution or chemical-related disasters have

been defined. Some of the key points include

• Definition of terms like industrial activity, hazardous chemical, chemical accident,

Major Accident Hazards (MAH) Installations, pipeline etc. a separate list has been

mentioned which includes all the chemicals which are to be considered as hazardous.

• The rules relating to the constitution of a Central crisis group in order to prevent such

accidents.

• The Constitution of Crisis Alert System- the apex body to deal with major chemical

accidents and to provide expert guidance for handling major chemical accidents

12



• Constitution of State Crisis Group.- (1) The State Government shall constitute a State

Crisis Group for management of chemical accidents

• Constitution of the District and Local Crisis Group

• Rules have been laid down specifying the level of powers for the members of the

Central , State, District as well as the local levels

The various hazardous chemicals have been divided into three categories:

1. Toxic chemicals

2. Flammable chemicals

3. Explosives

Municipal Solid Wastes (Management and Handling) Rules, 1999]

These are certain rules that have been created which are to be fulfilled by all municipal

corporations and concerns the collection, segregation, storage, transportation,, processing and

disposal of municipal solid wastes. These rules have been defined under the sections 3, 6 and

25 of the Environment (Protection) Act, 1986.

These rules have the following features:

• Various definitions have been given regarding terms related to municipal solid waste

management. These include

o Anaerobic digestion

o Biodegradable substance

o Bio-methanation

o Demolition and construction waste

o

Vermicomposting and many such terms

13



• The responsibilities of the municipal authorities have been mentioned where they are

to implement all the drafted rules as well s deal with the infrastructure development

needed for implementation of the rules

• Deadlines have been mentioned regarding the implementation of various phases of the

operations.

• The schedule II of the rules mentions the compliance criteria for the management of

municipal solid wastes.

• Schedule III describes the specifications for selecting and maintaining landfill sites.

These include the norms for pollution prevention, quality of the water from in and

around the landfill sites and also the air quality monitoring.

• Schedule IV describes the Standards for Composting, Treated Leachates and

Incineration

• The later part of the rules describe the various formats for reporting events including

authorization formats, accident reporting and so on.

Plastic handling

This is the most recent addition to the rules for the exercise of the powers conferred by clause

(c) and clause (d) of sub-section (2) of section 6 and sections 8 and clause (b)' of sub-section

(2) ofsection 25 of the Environment (Protection) Act, 1986. Apart from the definitions of the

terms and phrases used in the rules these rules also mention

• Conditions shall be fulfilled during course of manufacture, sale, stock, distribution

and use plastic carry bags, containers, pouches and multilayered packaging.

• Recycling.- Recycling of plastics shall be undertaken strictly in accordance with the

Bureau of Indian Standards' specification: IS 14534

• The marking or codification of plastic bags

• Protocols for determination of biodegradability and the degree of disintegration of

plastic material.

14



Pollution standards

Ozone Depleting Substances Rules 2000

The rules clearly state the Regulation of production and consumption of ozone depletingsubstances wherein no person shall produce or cause to produce any ozone depleting

substance after the date specified in column (5) of Schedule V unless he is registered with the

authority specified in column (4) of that Schedule. There is a Prohibition on export to or

import from countries not specified in Schedule VI. Further, ozone depleting substances are

to be exported to or imported from countries specified in Schedule VI under a license. There

is proper regulation of the sale of ozone depleting substances, on the purchase of ozone

depleting substances, on the use of ozone depleting substance. The law Prohibits on new

investments with ozone depleting substances, import, export and sale of products made with

or containing ozone depleting substances, Regulation on reclamation and destruction of

ozone depleting substances, on manufacture, import and export of compressors, procedure for

registration, cancellation of registration and appeal against such orders and monitoring and

reporting requirements wherein any person stocking or purchasing any ozone depleting

substance for use in activities specified in column (2) of Schedule IV shall maintain records

and file reports in the manner specified in Part II of Schedule X.

Noise Pollution

In exercise of the powers conferred by clause (ii) of sub-section (2) of section 3, sub-section

(1) and clause (b) of sub-section (2) of section 6 and section 25 of the Environment

(Protection) Act, 1986 (29 of 1986) read with rule 5 of the Environment (Protection) Rules,

1986, the Central Government hereby makes the following rules for the regulation andcontrol of noise producing and generating sources, namely:

The State Government may categorize the areas into industrial, commercial, residential or

silence areas/zones for the purpose of implementation of noise standards for different areas

All development authorities, local bodies and other concerned authorities while planning

developmental activity or carrying out functions relating to town and country planning shall

take into consideration all aspects of noise pollution as a parameter of quality of life to avoid

15



noise menace and to achieve the objective of maintaining the ambient air quality standards in

respect of noise.

An area comprising not less than 100 metres around hospitals, educational institutions and

courts may be declared as silence area/zone for the purpose of these rules.

The authority shall be responsible for the enforcement of noise pollution control measures

and the due compliance of the ambient air quality standards in respect of noise.

A loud speaker or a public address system shall not be used except after obtaining written

permission from the authority and shall not be used at night (between 10.00 p.m. to 6.00 a.m.)

except in closed premises for communication within, e.g. auditoria, conference rooms,

community halls and banquet halls. A person may, if the noise level exceeds the ambient

noise standards by 10 dB(A) or more given in the corresponding columns against any

area/zone, make a complaint to the authority. The authority shall act on the complaint and

take action against the violator in accordance with the provisions of these rules and any other

law in force.

Schedule

Ambient Air Quality Standards in respect of Noise

Area Code Category of Area/Zone Limits in dB(A) Leq *

Day Time NightTime

(A) Industrial area 75 70

(B) Commercial area 65 55

(C) Residential area 55 45

(D) Silence Zone 50 40

1. Silence zone is defined as an area comprising not less than 100 metres around hospitals,

educational institutions and courts. The silence zones are zones which are declared as such by

the competent authority.

2. Mixed categories of areas may be declared as one of the four above mentioned categories

by the competent authority.

16



Noise pollution around festivals

Talking about the noise pollution caused around festivals like Diwali, the Supreme Court

issued directions to control noise pollution arising out of bursting of firecrackers and other

noise producing sources.

i) The manufacture, sale or use of firecrackers generating noise level exceeding 125 dB(AI) or 145 dB (C) pK at 4 meters distance from the point of bursting shall be

prohibited.

ii) For individual firecrackers constituting the series (joined firecrackers), the above

mentioned limit would be reduced by 5 log 10 (N) dB, where N-number of crackers

joined together.

iii) Every manufacturer shall on the box of each firecracker mention details of its

chemical contents and that it satisfies the requirement as laid down by Department of

Explosive. In case of a failure on the part of manufacturer to mention the details or in

cases where the contents of the box do not match the chemical formulae as stated on

the box, the manufacturer may be held liable.

iv) There shall be a completer ban on bursting sound emitting firecrackers between 10:00

PM and 6:00 AM.

v) The crackers shall not be used at any time in Silence Zones an area not less than, 100

meters around Hospitals,

Educational Institutions, Courts, Religious Places or any other area which is declared as such

by the Competent

Authority”

Water Pollution

The water quality and assessment authority was constituted by central government in 2004 to

exercise powers under section 5 of the environment protection act 1986 for issuing directions

and for taking measures with respect to matters referred in clauses (ix),(xii) and (xiii) of sub

17



section(2) of section 3 of the said act and to standardize methods for water quality monitoring

and to ensure quality of data generation for utilization thereof and certain other purposes. The

act clearly states the frequency of sampling in respect of surface water shall be a combination

of baseline, trend and flux or impact stations.

Station type Frequency of sampling/year

Baseline 4 times for perennial rivers & lakes

3-4 times for seasonal rivers

Trend 12 times in a year

Flux/Impact 12-24 times depending upon pollution

potential or importance of water use

How much of it is actually followed is yet again another case to discuss. However, the

government conferred the following powers to Water Quality Assessment Authority:

• To direct agencies to standardize methods for water quality monitoring and to ensure

quality of data generation for utilization thereof

• To make measures so as to ensure proper treatment of wastewater with a view to

restoring the water quality of river/water bodies to meet the designated best uses

• To take up research and development in the area of water quality management

• To promote recycling /re-use of treated sewage/trade effluent for irrigation in

development of agriculture

• To promote rain water harvesting

• To deal with any environmental issue concerning surface and ground water quality

which may be referred to it by the central government or state government relating to

the respective areas, for maintenance and/or restoration of quality to sustain

designated best uses

Sample Collection

The procedure for sample collection in respect of surface water shall be as under:

18



i) Samples of Baseline and Trend stations shall be collected from well-mixed section of

the river or main stem 30 cm below the water surface suing a dissolved Oxygen

(DO) sampler or weighted bottle.

ii) Samples for Impact stations shall be collected from the point of interest as bathing

ghat, down stream of point discharge, water supply intakes etc.

iii) Dissolved Oxygen (DO) in the sample shall be fixed immediately after collection and

Dissolved Oxygen(DO) analysis shall be done wither in the field or in lab

The procedure for sample collection in respect of ground water shall be as under:

i) Open dug wells, which are not in use or have been abandoned, shall not be considered

as water quality monitoring station. However, such well could be considered for

water level monitoring

ii) Weighted sample bottle to collect sample from an open well about 30 cm below the

surface of water may be used. The plastic bucket, which is likely to skim the

surface layer only, shall not be used

iii) Samples form the production tube wells shall be collected after running them for

about 5 minutes

iv) Non-production piezometers shall be purged using a submersible pump. The purged

water volume shall equal to 4-5 times the standing water volume, before sample is

collected

v) For bacteriological samples, when collected from tube wells or hand pump, the spout

or outlet of the pump shall be sterlised under flame by spirit lamp before

collection of sample in container

The government in 2005 revisited the provisions under Water Quality assessment Authority.

Frequency of Ground water sampling in this states:

i) All stations shall be classified as Baseline stations

ii) 20-25% of Baseline Stations shall be classified as Trend stations where there is a

perceived problem

19



iii) All agencies shall follow the sampling frequency and parameters for analysis of

ground water.

In exercise of the powers conferred by sub-section(3) of the section 3 of the Environment

Protection Act 1986, the Central government constituted the authority for taking measures for

effective abatement of pollution and conservation of river Ganga in the states of Jharkhand,

Uttar Pradesh, West Bengal.

2 T-Oil

With a view to protecting and improving the quality of the environmental and preventing,

controlling and abating environment pollution in the National Capital Territory of Delhi, it isexpedient and necessary to take measures relating to the supply, distribution, buying and

selling of 2-T oil (lubricating oil);

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (2) of Section 3

of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby

makes the following Order called the 2 T Oil Order 1998:

• It extends to the whole of the National Capital Territory of Delhi.

• It shall come into force on the date of its publication in the Official Gazette.

"2-T Oil" means lubricating oil, meeting API-TC (American Petroleum Institute-TC) or

JASO (Japanese Automobile Standards Organisation) specification, used in 2-stroke petrol

driven vehicle engines;

Restriction on sale and purchase of loose 2-T oil:-

(1) No person shall sell or agree to sell or otherwise dispose of loose 2-T oil in a service

garage for use in 2-stroke engine vehicle of any make;

(2) In petrol stations, 2-T oil shall be sold only pre-mixed with petrol through nozzle:

20



Provided that the above restriction shall not apply to the 2-stroke engine vehicles having

separate sump for 2-T oil provided by the manufacturer in containers for use in the engine of

such vehicle through such sumps.

The amendment to the Order was made in 2006 which states as follows:

i) The Order shall be called the 2 T-Oil Amendment Order 2006

ii) In the 2 T-Oil Order of 1998, in the sub-paragraph(2) of paragraph 1, after the words,

“National Capital Territory of Delhi”, the words “and the cities of Ahmedabad,

Kanpur, Sholapur, Lucknow, Banglore, Chennai, Hyderabad, Mumbai, Agra,

Jharia, Varanasi, Faridabad, Patna, Jodhpur and Pune” shall be inserted

Fellowships and Awards

Indira Gandhi Paryavaran Puraskar

The Indira Gandhi Paryavaran Puraskar (IGPP) is awarded each year to Indian nationals or

any Indian organisation for significant contributions in the field of environment, which are

recognised as having a measurable impact on the protection/overall improvement of the

environment. The award under the organisation category carries two cash prizes of Rupees

Five lakh each, and under the individual category three prizes of Rupees Five lakh, Rupees

Three lakh and Rupees Two lakh each.(Fellowship and Awards)

Indira Priyadarshini Vrikshamitra Awards

Indira Priyadarshini Vrikshamitra Awards are given to individuals and institutions who have

done pioneering and exemplary work in the field of afforestation and wasteland development.

A cash award of Rupees Two lakh fifty thousand is presented to individuals/institutions in

four categories.(Fellowship and Awards)

Pitambar Pant National Environment Fellowship Award and B.P. Pal National

Environment Fellowship Award for Biodiversity

The National Fellowships are given each year to one scientist/expert of Indian nationality in

recognition of significant research and development contributions in the fields of

environmental sciences and biodiversity. The duration of the fellowship is two years.(Fellowship and Awards)

21



Desert Ecology Fellowship

In September 1992, the Ministry of Environment & Forests provided a one-time endowment

of Rupees 6 lakh to institute a Desert Ecology Fellowship at the University of Jodhpur in

recognition of the Bishnoi community's contribution to nature conservation and to encourage

studies in this field. The fellowship carries a monthly stipend of Rupees 3,500 and a

contingency grant of Rupees 1,000 per month. (Fellowship and Awards)

Amrita Devi Bishnoi Wildlife Protection Award

This award is given for significant contribution in the field of wildlife protection, which is

recognised as having shown exemplary courage or having done exemplary work for the

protection of wildlife. A cash award of Rupees One lakh is presented to

individuals/institutions involved in wildlife protection.(Fellowship and Awards)

E.K. Janaki Ammal National Award for Taxonomy

In order to promote excellent work in taxonomy and encourage young students and scholars

to work in this field, the E.K. Janaki Ammal Award was instituted in the year 1999. Two

awards, for outstanding work in Botanical and Zoological Taxonomy including work done in

Micro-organisms are eligible for consideration under either of the two categories - E.K.

Janaki Ammal National Award on Plant Taxonomy and E.K. Janaki Ammal National Award

on Animal Taxonomy respectively.(Fellowship and Awards)

National Awards for Excellence in Forestry by ICFRE

National Awards for Excellence in Forestry are given to Indian nationals for original and

outstanding work/research in the fields of forestry education, research and extension by the

Indian Council of Forestry Research and Education (ICFRE). Four awards are presented

under this category with each award carrying a sum of Rupees One lakh. (Fellowship and

Awards)

National Award for Prevention of Pollution

This award was instituted in 1992 and is given to 18 large scale industrial units and 5 small

scale industrial units annually for meeting pollution prevention goals and taking substantial

22



and consistent steps for environmental improvement. The award consists of a trophy, a

citation and Rupees One lakh each. (Fellowship and Awards)

Medini Puraskar Yojana

This award is given to Indian authors each year to encourage original works in Hindi on

environment and its related subjects such as wildlife, water resources and conservation. Four

cash awards are presented under this category. (Fellowship and Awards)

Paryavaran Aur Van Mantralaya Vishisht Vaigyanik Puraskar

This award was instituted in 1991-92 as an incentive to Group 'A' Scientists of the Ministry

and its associated formations. The award consists of a cash prize of Rupees 20,000 and is

awarded to two scientists every year. (Fellowship and Awards)

Dr. Salim Ali National Wildlife Fellowship Award and Shri Kailash Sankhla National

Wildlife Fellowship Award

In order to commemorate the memory of the two great wildlife conservationists of the

country, Shri Kailash Sankhla and Dr. Salim Ali, the Ministry of Environment and Forests

awards these two fellowships alternatively each year. The objective is to inspire and promote

the country's wildlife managers and scientists to take up research or experimental projects

aimed at conserving the rich wildlife heritage of India. The fellowship is awarded for a period

of two years with a stipend of Rupees 4,000 per month. In addition, an amount of Rupees

18,000 per annum is given for meeting contingency expenses. (Fellowship and Awards)

Rajiv Gandhi Environment Award for Clean Technology

This award is given to industrial units that make a significant contribution towards the

development of new, or the innovative modification of existing, technologies and practices

that substantially reduce or prevent environmental pollution. A cash prize of Rupees One lakh

is presented under this category.(Fellowship and Awards)

Best ENVIS Centre Award

23



The Environmental Information System (ENVIS) is a decentralised nationwide network of 85

nodes integrated to collect, collate and disseminate information on the status of the country's

environment. In order to encourage and recognise the achievements of these centres, a Best

ENVIS Centre Award was instituted in 2004. This award is given once in every two years. A

cash award of Rupees 50,000 is presented along with a certificate. (Fellowship and Awards)

Rajiv Gandhi Wildlife Conservation Award

The Rajiv Gandhi Wildlife Conservation Award is given annually for significant contribution

in the field of wildlife conservation which has made, or has the potential to make, a major

impact on the protection and conservation of wildlife in the country. Two awards of Rupees

One lakh are given to education and research institutions, organisations, forest and wildlife

officers/research scholars or scientists/wildlife conservationists. (Fellowship and Awards)

Coastal Regions

Gujarat State Coastal Zone

Daman and Diu Coastal Zone

Maharashtra State Coastal Zone

Goa State Coastal Zone

Kerala State Coastal Zone

Karnataka State Coastal Zone

Pondicherry Coastal Zone

Tamil Nadu State Coastal Zone

Orissa State Coastal Zone

West Bengal State Coastal Zone

Lakshadweep Coastal Zone

Andhra Pradesh State Coastal Zone

Andaman and Nicobar Coastal Zone

24



Authorities that have power:

• Constitution of the Environment Pollution (Prevention and Control) Authority for the

NCR


NCR


NCR

• Amendments

• Delegation of Powers U/S 20 of E(P) Act, 1986 to CPCB

• Delegation of Powers U/S 5 of E(P) Act, 1986 to CPCB

• Composition of Expert & Monitoring Committees for Haryana and Rajasthan


NCR

• Delegation of Powers to State Governments for EIA of Thermal Power Projects

• Central Ground Water Board Authority, 1997, amended 2000

• Delegation of Powers to State Governments of Tripura

•Certain orders issued by Central Government

• Delegation of Powers to State Governments of West Bengal and Manipur

• Delegation of Powers to State Governments of Goa and Jammu & Kashmir

• Delegation of Powers to State Governments of Maharashtra

• Delegation of Powers to State Governments of Meghalaya, Punjab and Uttar Pradesh

• Delegation of Powers to State Governments of Andhra Pradesh, Assam, Bihar,

Gujarat, Haryana, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh, Mizoram,

Orissa, Rajasthan, Sikkim and Tamil Nadu

• Authorized Officers / Agencies to enter the Premises for Inspection

• Officers / Agencies Authorized to take Samples

• Officers Authorized for taking Cognizance of Offences

Scheme on Labeling of Environment Friendly Products ("ECOMARK")

25



The Government decided to institute a Scheme on Labeling of Environment Friendly

Products. The scheme operates on a national basis and provides accreditation and labeling for

household and other consumer products which meet certain environmental criteria along with

quality requirements of the Indian Standards for that product. The Label shall be known as

the "ECOMARK" and will be of the design to be notified.

Any product which is made, used or disposed of in a way that significantly reduces the harm

it would otherwise cause the environment could be considered as Environment Friendly

Product .

Objectives of the Scheme

The specific objectives of the scheme are as follows:-

1. To provide an incentive for manufacturers and importers to reduce adverse

environmental impact of products.

2. To reward genuine initiatives by companies to reduce adverse environmental impact

of their products.

3. To assist consumers to become environmentally responsible in their daily lives by

providing information to take account of environmental factors in their purchase

decisions.

4. To encourage citizens to purchase products which have less harmful environmental

impacts.

5. Ultimately to improve the quality of the environment and to encourage the sustainable

management of resources.

Certification and Licensing:

Testing and certification is carried out by the Bureau of Indian Standards. For product

categories which have the Indian Standards mark, the Bureau of Indian Standards will

ordinarily complete the task of certification within a period of three months. Products

certified as eligible for the ECOMARK shall be licensed to carry the ECOMARK for a

prescribed time period.

26



The Criteria for Ecomark:

Products will be examined in terms of the following main environmental impacts:-

(a) That they have substantially less potential for pollution than other comparable

products in production, usage and disposal.

(b) That they are recycled, recyclable, made from recycled products or biodegradable,

where comparable products are not.

(c) That they make significant contribution to saving non-renewable resources,

including non renewable energy sources and natural resources, compared with

comparable products.

(d) That the product must contribute to a reduction of the adverse primary criteria

which has the highest environmental impact associated with the use of the product,

and which will be specifically set for each of the product categories.

The criteria shall be reviewed from time to time. The draft criteria shall be release for public

comments for a period of sixty days.

Consumer Awareness:

The Ministry of Environment & Forests have to take appropriate measures to launch a

country wide mass awareness campaign, including encouraging consumer groups. Assistance

is given to consumer organizations for comparative testing of products and dissemination of

information to the public.

ECO-Sensitive Zones:

Following zones are being announced as eco sensitive zone by the government.

• Mount Abu as Eco- Sensitive Zone

• Khaparwas Wildlife Sanctuary

• Bhindawas Wildlife Sanctuary

• Abubshaher Wildlife Sanctuary

27



• Chhilchhila Wildlife Sanctuary

• Nahar Wildlife Sanctuary

• Bir Shikargarh

• Khol hi Raitan

• Kalesar Wildlife Sanctuary

• Kalesar National Park

• Sultanpur National Park

• Matheran and surrounding region

• Mahabaleswar Panchgani Region

• Pachmarhi Region

• Taj Trapezium Zone Pollution (Prevention and Control)

• Dahanu Taluka Environment Protection Authority

• No Development Zone at Numaligarh, East of Kaziranga

• Restricting certain activities causing Environmental Degradation at Aravalli Range

• Dahanu Taluka, District Thane (Maharashtra) to declare as Ecologically fragile Area

• Restricting location of industries, mining & other activities in Doon Valley (UP)

• Prohibiting Industries in Murud-Janjira, Raigadh District.

Environmental Labs

Recognization of Environmental Laboratories

Table below tells us about the environmental laboratories to carry out the functions entrusted

to the environmental laboratories and the rules made there under, and the persons specified

are the Government Analysts for the purposes of analysis of samples of air, water, soil or

other substances sent for analysis by the Central Government or the officer empowered under

section 11 of the said Act

Laboratories Analysts

M/s.Mineral Engineering Services, Shri M. Sachin Raju

Shri M.S. Bhaskar

28



25/XXV, Club Road, Karnataka Ms. P. Sunita

M/s. Envirochem Test Laboratory

HIG-79, Sector E, Aliganj Lucknow - 226

024

Shri Pradeep Kumar, M.Sc. (Chemistry)

Ms. Saroj Singh

Shri Amit Agarwal, B.Sc

M/s. Shiva Test House 6D, Extension

(Chatterjee Lane),

Gardanibagh, Patna -800 001

Dr. S. Prasad

Mrs. Shreyasee

Mrs. Smriti

M/s. San Envirotech Pvt. Ltd.,

424-Medicine Market, Opp. Shefali Centre,

Paldi Cross Road, Ahmedabad-380 006Gujarat

Shri Mahendra R. Sadaria

Shri Mukta K. Bhattacharya

Shri Bhupendra K. Soni

M/s/ Terra Firma Environmental Consultants

Pvt. Ltd.

07, Hiren Light Industrial Estate,

Moghul Lane, Mahim, Mumbai – 400 016

Shri Rajiv Aundhe

Shri Ravindra Gorantiwar

Mrs. Tejali Paresekar

The following shall be the functions of environmental laboratories:-

(i) To evolve standardized methods for sampling and analysis of various types of

environmental pollutants;

(ii) To analyze samples sent by the Central Government or the officers empowered under

sub-section (1) of section 11.

(iii) To carry out such investigations as may be directed by the Central Government to lay

down standards for the quality of environment and discharge of environmental pollutants, to

monitor and to enforce the standards laid down;

(iv) To send periodical reports regarding its activities to the Central Government;

(v) To carry out such other functions as may be entrusted to it by the Central Governmentfrom time to time.

The Environment Protection Rules, 1986

There are various guidelines given in this regard:

1. Short title, extent and commencement

29



(v) The biological diversity of the area which, in the opinion of the Central Government

needs to be preserved.

(vi) Environmentally compatible land use.

(vii) Net adverse environmental impact likely to be caused by an industry, process or

operation proposed to be prohibited or restricted.

(viii) Proximity to a protected area under the Ancient Monuments and Archaeological Sites

and Remains Act, 1958 or a sanctuary, National Park, game reserve or closed area notified as

such under the Wild Life (Protection) Act, 1972 or places protected under any treaty,

agreement or convention with any other country or countries or in pursuance of any decision

made in any international conference, association or other body.

(ix) Proximity to human settlements.

(x) Any other factor as may be considered by the Central Government to Be relevant to the

protection of the environment in an area.

While prohibiting or restricting the location of industries and carrying on of processes and

operations in an area, the Central Government shall follow the procedure hereinafter laid

down

(a) Whenever it appears to the Central Government that it is expedient to impose prohibition

or restrictions on the locations Of an industry or the carrying on of processes and operations

in an area, it may by notification in the Official Gazette and in such other manner as the

Central government may deem necessary from time to time, give notice of its intention to do

so.

(b) Every notification under clause (a) shall give a brief description of the area, the industries,

operations, processes in that area about which such notification pertains and also specify the

reasons for the imposition of prohibition or restrictions on the locations of the industries and

carrying on of process or operations in that area.

(c) Any person interested in filing an objection against the imposition of prohibition or

restrictions on carrying on of processes or operations as notified under clause (a) may do so

in writing to the Central Government within sixty days from the date of publication of the

notification in the Official Gazette.

(d) The Central Government shall within a period of one hundred and twenty days from the

date of publication of the notification in the Official Gazette consider all the objections

received against such notification and may impose prohibition or restrictions on location of

such industries and the carrying on of any process or operation in an area.31



Case on Dhamra Port: Environmental Regulatory failure fuels Corporate Irreverence

Dhamra is a ‘minor’ port governed under the Indian Ports Act, 1908.

The term ‘minor’ only denotes those ports that are under the administration of the State

Government, while ‘major’ ports are administered by the Central Government. This

distinction has an important significance for the application of environmental regulations on

ports. Minor ports are exempt from the environmental clearance process under the

Environmental Impact Assessment. In reality, most minor ports are much larger in scale and

costs. Though exempt from the above process, ‘minor’ port projects are still required to

conduct an EIA and seek environmental clearance under another law – the Coastal Regulation

Zone (CRZ) Notification, as it falls within the coastal regulation zone.

How diligent are the ‘due diligence’ practices outlined for the port developers?

The environmental regulatory framework sets the country’s priorities towards the

environment and only provides a signal for companies to follow. The controversies over the

Dhamra port area result from lacunae in the environmental laws, litigation processes and in

the nature of engagement over environmental decision making in the country.

Flexible priorities

The Wild Life Protection Act, 1972, is revered by many as one of the most stringent of

conservation laws. Ironically, there is no evidence to show that any consultation took place

with local fisherfolk on conservation measures or fishing restrictions in the GMS area prior to

its declaration. This was one of the first compromises of the environment, well within the

letter of the law but against its spirit of conservation.

Change of proponents and project details

In October 2004, Larson and Turbo (L&T) one of the share holders in ISPL took over as sole

stakeholder and then assigned and subrogated all its rights and obligations to Dhamra Port

Company Limited (DPCL), a 50:50 venture with Tata Steel which achieved full closure in

May 2005.The site shifted from the Kanika sand bank island to the mainland coast.

More greenwash/Conclusion

32



The Tatas and DPCL have also approached many NGOs, individual experts, and institutions

for research studies on possible impacts of the port and mitigation options, but have refused

to agree to halt project related activities till the findings of these studies emerge. The present

site will seriously impact Gahirmatha’s nesting turtles and could lead to the beach being

abandoned by the marine creatures. It is therefore necessary that an alternative site is located

for this port. Matters are still pending in the Orissa High Court challenging the development

of the port. The question of the legal validity of the environmental clearance remains a very

valid one.

References

• Environment Protection Act, 1986

www.envfor.nic.in/legis/env/env1.html

• Environment regulator proposal up for debate

trak.in/news/environment-html

• Environment protection act reduced to a travesty of their mandate

www.indiaenvironmentportal.org.in › Opinion

• Bare Act - The Environment ( Protection ) Act , 1986

www.vakilno1.com/bareacts/envProtAct/envprotact.htm

• The environment protection rules, 1986

www.envfor.nic.in/legis/env/env4.html

• Delegation of Powers:List all the authorities that have power:

http://www.envfor.nic.in/legis/delegation.htm

• List of ECO-Sensitive Zones :

http://www.envfor.nic.in/legis/eco-senstive.htm

33

http://www.envfor.nic.in/legis/env/env1.html

http://www.google.co.in/url?q=http://www.indiaenvironmentportal.org.in/opinion_page&ei=W7ITS8VDlJCRBbmFlaMH&sa=X&oi=breadcrumbs&resnum=10&ct=result&cd=1&ved=0CB8Q6QUoAA&usg=AFQjCNGI1r3QxLMjuiZxgtTcjuvH3GgFXQ

http://www.vakilno1.com/bareacts/envProtAct/envprotact.htm







http://www.google.co.in/url?q=http://www.indiaenvironmentportal.org.in/opinion_page&ei=W7ITS8VDlJCRBbmFlaMH&sa=X&oi=breadcrumbs&resnum=10&ct=result&cd=1&ved=0CB8Q6QUoAA&usg=AFQjCNGI1r3QxLMjuiZxgtTcjuvH3GgFXQ









• Environmental Clearance – and amendments

http://www.envfor.nic.in/legis/env_clr.htm



lab final report

Documents