Environment Legislations

RRP 2022 – Environment Legislations Ready Reckoner
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RRP 2022– ENVIRONMENT
LEGISLATIONS READY RECKONER
INDEX
Sl. No. Topic Page No.
International Acts and Regulations 1 - 17
1. Wetland Convention 1–2
2. Montreal Protocol 2–4
3. Kyoto Protocol 4–5
4. The Convention on Biological Diversity (CBD) 5–6
5. Paris Climate Accords 6–8
6. Basel convention 8–9
7. Rotterdam Convention on Trade in Hazardous Chemicals 9 – 10
8. Rio Declaration on Environment and Development 10 – 11
9. Stockholm Convention on Persistent Organic Pollutants 11 – 13
10. Vienna Convention 13 – 13
11. World Summit on Sustainable Development 14 – 14
12. Minamata Convention on Mercury (2013) 14 – 15
13. Cartagena Protocol on Biosafety (2000) 15 – 16
Convention on Int’l Trade in Endangered Species of Wild Fauna
14. 16 - 17
and Flora [“CITES”] (1973)
Indian Acts
17 - 24
A. Environment and Biodiversity
1. Indian Forest Act, 1927 17 – 17
2. The Forest (Conservation) Act of 1980 17 – 18
3. Forest Act, 2006 18 – 19
4. Environment Protection Act, 1986 19 – 20
5. Bio Diversity Act, 2002 20 – 21
6. National Green Tribunal Act 2010 21- 23
The Public Liability Insurance Act and Rules 1991 and
7. 23 – 23
Amendment, 1992
8. The National Environment Appellate Authority Act,1997 24 – 26
B. Pollution Related Acts 24 – 28
1. The Water (Prevention and Control of Pollution) Act of 1974 24 – 25
2. Water (Prevention and control of Pollution) Cess Act, 1977 25 – 26
3. The Air (Prevention and Control of Pollution) Act of 1981 26 – 26
C. Wildlife Related Acts 27 – 28
1. Wildlife Protection Act, 1972 27 – 28
Indian Policies and Rules
28 – 29
A. Climate Related Policies
1. National Action Plan for Climate Change (NAPCC) 28 – 29
B. Pollution Related Policies 30 - 37
1. E-Waste Management Rules, 2016 30 – 30
2. Solid Waste Management, 2016 Rules 30 – 32
3. Bio-Medical Waste Management Rules, 2016 32 - 33

4. The Ozone Depleting Substance Rules 34 – 34

5. Plastic Waste Management Rules, 2016 35 – 35
Hazardous Wastes (Management, Handling and Transboundary)
6. 35 – 36
Rules, 2008
7. Batteries (Management & Handling) Rules, 2001 36 – 36
The Noise Pollution (Regulation and control) (Amendment)
8. 37 – 37
Rules, 2010
C. Environment and Biodiversity Related Policies 37 – 39
1. National Water Policy 37 – 38
2. National Environment Policy 2006 38 – 38
3. Wetland (Conservation and Management) Rules, 2017 38 – 39
D. Energy Related Policies 39 - 40
1. National Policy on Biofuels – 2018 39 – 40
E. Wildlife Related Policies 40 – 42
1. National Forest Policy 1988 40 – 41
2. Draft Forest Policy 2018 42 – 42
G. Marine Related Policies 42 - 43
1. CRZ Rules 42 - 43

International Acts and Regulations
1. Wetland Convention (Ramsar Convention)

 Introduction: The Ramsar Convention on Wetlands of International Importance
Especially as Water flow Habitat is an international treaty for the conservation
and sustainable use of wetlands. It is also known as the Convention on
Wetlands. It is named after the city of Ramsar in Ir
Iran,
an, where the convention was
signed in 1971.
 Mission: To inspire and mobilise society to safeguard and restore wetlands for
people and nature.
 Strategy: Guiding towards achieving healthy wetlands, resilient wetland
communities, and reduced climate risks ac across
ross three “streams” of work or
wetland landscapes: coasts and deltas, rivers and lakes, and peatlands.
 Progress across these three streams is measured according to the following six
types of desired outcomes:
1. Wetland habitats and functions safeguarded and restored
2. Wetland species recovered
3. Water and food secured for wetland communities
4. Reduced societal conflict and displacement from wetlands
5. Wetland carbon stores secured and enhanced
6. Wetland nature
nature-based
based solutions integrated into infrastructure
developments

SDG Achievement:
Healthy, thriving wetlands that support people and nature are vital to achieving the
Sustainable Development Goals.
 (SDG 2) promoting agricultural practices that maintain ecosystems and combat
desertification, floods and droughts
 (SDG 6) protecting and restoring wetlands to ensure clean water for all;
 (SDG 11) reducing the number of people affected by water
water-related
related disasters
 (SDG 13) promoting mechanisms for effective climate change planning and
management
 (SDG15) ensuring the conserva
conservation,
tion, restoration and sustainable use of
freshwater ecosystems and their services
 Healthy wetlands are necessary for achieving health and well well-being (SDG3)
gender equality (SDG 5), and peace (SDG 16).
2. Montreal Protocol
Introduction:
 The Montreal Protocol is an international treaty designed to protect the ozone
layer by phasing out the production of numerous substances that are
responsible for ozone depletion.
 It was agreed on 16 September 1987, and entered into force on 1 January 198
1989.
The Parties are aided by the Ozone Secretariat, which is based at the
headquarters of the UN Environment Programme (UNEP) at Nairobi.
Objectives:
 The Montreal Protocol phases down the consumption and production of the
different Ozone Depleting Substanc
Substances
es (ODS) in a step-wise
step manner, with

different timetables for developed and developing countries (referred to as

“Article 5 countries”).
 All member parties have specific responsibilities related to the phasing out of
various groups of ozone
ozone-depleting substances,
ances, controlling ODS trade, reporting
of data annually, controlling export and import of ODs, etc.
 Developing and developed countries have equal but differentiated
responsibilities.
 However, both groups of nations have time time-bound,
bound, binding, and measurable
commitments under the protocol, making it effective.
 Under the protocol, there is a provision for it to be amended and adjusted
according to the new scientific, economic, and technological advancements
made.
 The governance body for the protocol is the Mee Meeting
ting of the Parties. Technical
support is given by the Open
Open-ended
ended Working Group. Both meet once every year.
 It has been ratified by 197 Parties (196 member states of the UN plus the EU)
making it the first United Nations treaty to be ratified by every coun
country in the
world.
 The Montreal Protocol’s provisions relate to the following:
Article 2 : Control measures
Article 3 : Calculation of control levels
Article 4 : Control of trade with non
non-Parties
Article 5 : Special situation of developing countries
Article 7 : Reporting of data
Article 8 : Non-compliance
compliance
Article 10 : Technical assistance

Multilateral Fund
 The Multilateral Fund for the Implementation of the Montreal Protocol was
established in 1991 under Article 10 of the treaty.
 The Fund's objective is to provide financial and technical assistance to
developing country parties to the Montreal Protocol whose annual per capita
consumption and production of ODS is less than 0.3 kg to comply with the
control measures of the Protocol.
 The Multilateral Fund’s activities are implemented by four international
agencies - UN Environment Programme (UNEP), UN Development Programme
(UNDP), UN Industrial Development Organisation (UNIDO) and the World Bank -
as well as bilateral agencies of non-Article 5 countries.
3. Kyoto Protocol
Introduction:
 The Kyoto Protocol was an international treaty which extended the 1992 United
Nations Framework Convention on Climate Change (UNFCCC) that commits
state parties to reduce greenhouse gas emissions, based on the scientific
consensus that (part one) global warming is occurring and (part two) that
human-made CO2 emissions are driving it.
 The Kyoto Protocol was adopted in Kyoto, Japan, on 11 December 1997 and
entered into force on 16 February 2005.
Objectives:
 The Kyoto Protocol implemented the objective of the UNFCCC to reduce the
onset of global warming by reducing greenhouse gas concentrations in the
atmosphere to "a level that would prevent dangerous anthropogenic interference
with the climate system" (Article 2).
 The Kyoto Protocol applied to the seven greenhouse gases listed in Annex A:
carbon dioxide (CO2), Methane (CH4), nitrous oxide (N2O), hydrofluorocarbons
(HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF6), Nitrogen trifluoride
(NF3).
 Nitrogen trifluoride was added for the second compliance period during the
Doha Round.
 The Protocol was based on the principle of common but differentiated
responsibilities: it acknowledged that individual countries have different
capabilities in combating climate change, owing to economic development, and
therefore placed the obligation to reduce current emissions on developed
countries on the basis that they are historically responsible for the current
levels of greenhouse gases in the atmosphere.


The Kyoto Mechanisms:

 One important element of the Kyoto Protocol was the establishment of flexible
market mechanisms, which are based on the trade of emissions permits.
 Under the Protocol, countries must meet their targets primarily through
national measures. However, the Protocol also offers them an additional means
to meet their targets by way of three market-based mechanisms:
1. International Emissions Trading
2. Clean Development Mechanism (CDM)
3. Joint implementation (JI)
 The Kyoto Protocol also established a rigorous monitoring, review and
verification system, as well as a compliance system to ensure transparency and
hold Parties to account. Under the Protocol, countries' actual emissions have to
be monitored and precise records have to be kept of the trades carried out.
 The Adaptation Fund was established to finance adaptation projects and
programmes in developing countries that are Parties to the Kyoto Protocol.
4. The Convention on Biological Diversity (CBD)
Introduction:
 The Convention on Biological Diversity (CBD), known informally as the
Biodiversity Convention, is a multilateral treaty designed to promote the
conservation of biodiversity and to ensure the sustainable use and equitable
sharing of genetic resources.
 The convention was opened for signature at the Earth Summit in Rio de Janeiro
on 5 June 1992 and entered into force on 29 December 1993. The United States
is the only UN member state which has not ratified the convention.
 It has two supplementary agreements, the Cartagena Protocol and Nagoya
Protocol.
 The CBD’s governing body is the Conference of the Parties (COP). This ultimate
authority of all governments (or Parties) that have ratified the treaty meets every
two years to review progress, set priorities and commit to work plans.
 The Secretariat of the Convention on Biological Diversity (SCBD) is based in
Montreal, Canada.
 Its main function is to assist governments in the implementation of the CBD
and its programmes of work, to organize meetings, draft documents, and
coordinate with other international organizations and collect and spread
information.
Objectives:
 The convention has three main goals: the conservation of biological diversity (or
biodiversity); the sustainable use of its components; and the fair and equitable
sharing of benefits arising from genetic resources.

 Its objective is to develop national strategies for the conservation and

sustainable use of biological diversity, and it is often seen as the key document
regarding sustainable development.
The Cartagena Protocol on Biosafety to the Convention on Biological Diversity
is an international treaty governing the movements of living modified
organisms (LMOs) resulting from modern biotechnology from one country to
another.
The Nagoya Protocol on Access to Genetic Resources and the Fair and
Equitable Sharing of Benefits Arising from their Utilization (ABS) to the
Convention on Biological Diversity is another supplementary agreement to the
CBD. It provides a transparent legal framework for the effective
implementation of one of the three objectives of the CBD: the fair and
equitable sharing of benefits arising out of the utilization of genetic resources.
5. Paris Climate Accords
Introduction:
 The Paris Agreement (French: Accord de Paris), often referred to as the Paris
Accords or the Paris Climate Accords, is an international treaty on climate
change, adopted in 2015.
 It covers climate change mitigation, adaptation, and finance.
 The Agreement was negotiated by 196 parties at the 2015 United Nations
Climate Change Conference near Paris, France.
 The Paris Agreement was opened for signature on 22 April 2016 (Earth Day) at a
ceremony in New York.
 Of the four UNFCCC member states which have not ratified the agreement, the
only major emitter is Iran. The United States withdrew from the Agreement in
2020, but rejoined in 2021.
Objectives:
 The aim of the agreement, as described in Article 2, is to have a stronger
response to the danger of climate change; it seeks to enhance the
implementation of the United Nations Framework Convention on Climate
Change through:
(a) Holding the increase in the global average temperature to well below 2°C
above pre-industrial levels and to pursue efforts to limit the temperature
increase to 1.5°C above pre-industrial levels, recognizing that this would
significantly reduce the risks and impacts of climate change. Emissions
should be reduced as soon as possible and reach net-zero by the middle of
the 21st century.

(b) Increasing the ability to adapt to the adverse impacts of climate change
and foster climate resilience and low greenhouse gas emissions
development, in a manner that does not threaten food production;
(c) Making finance flows consistent with a pathway towards low greenhouse
gas emissions and climate
climate-resilient development.
 It aims to increase the ability of parties to adapt to climate change effects, and
mobilise sufficient finance. Under the Agreement, each country must determine,
plan, and regularly re
report on its contributions.
 No mechanism forces a country to set specific emissions targets, but each target
should go beyond previous targets.
 In contrast to the 1997 Kyoto Protocol, the distinction between developed and
developing countries is blurred, so that the latter also have to submit plans for
emission reductions.
Nationally determined contributions (NDCs):

 In their NDCs, countries communicate actions they will take to reduce their
Greenhouse Gas emissions in order to reach the goals of the P
Paris Agreement.
Countries also communicate in the NDCs actions they will take to build
resilience to adapt to the impacts of rising temperatures.
Long-Term Strategies:
 To better frame the efforts towards the long
long-term
term goal, the Paris Agreement
invites countries to formulate and submit by 2020 long
long-term
term low greenhouse
gas emission development strategies (LT
(LT-LEDS).
 LT-LEDS
LEDS provide the long
long-term
term horizon to the NDCs. Unlike NDCs, they are not
mandatory. Nevertheless, they place the NDCs into the context of countries’

long-term planning and development priorities, providing a vision and direction

for future development.
6. Basel Convention
Introduction:
 Basel Convention, is an international treaty that was designed to reduce the
movements of hazardous waste between nations, and specifically to prevent
transfer of hazardous waste from developed to less developed countries (LDCs).
It does not, however, address the movement of radioactive waste.
 The Basel Convention is the first attempt to establish an agreement on global
standards for hazardous waste, including the trade and disposal of toxic waste.
 The convention was opened for signature on 21 March 1989, and entered into
force on 5 May 1992. As of October 2018, 199 states and the SAARS are parties
to the convention. Haiti and the United States have signed the convention but
not ratified it.
Objectives:
 The Conference of the Parties (COP), a body that develops the convention’s
guiding policies, established three goals: (1) to reduce hazardous waste
generation and to promote proper disposal, (2) to restrict the trade of wastes
across borders, and (3) to establish a regulatory system for cases where
transboundary wastes are permitted.
 The Basel Convention unifies the global management of toxic imports to
establish a process that permits them to be disposed of in an environmentally
sound manner.
Impacts of the Convention:

 The Basel Convention established a “soft” law procedure whereby enforcement
relies on countries establishing their own measures to comply with the treaty.
The aim of the convention is to regulate the trade and mitigate illegal trade of
hazardous materials. As a result, stricter regulations have led to more trade
enforcement.

7. Rotterdam Convention on Trade in Hazardous Chemicals
Introduction:
 The Rotterdam Convention (formally, the Rotterdam Convention on the Prior
Informed Consent
onsent Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade) is a multilateral treaty to promote shared responsibilities in
relation to importation of hazardous chemicals.
 The convention promotes open exchange of information and calls on exporters
of hazardous chemicals to use proper labeling, include directions on safe
handling, and inform purchasers of any known restrictions or bans.
 Signatory nations can decide whether tto o allow or ban the importation of
chemicals listed in the treaty, and exporting countries are obliged to make sure
that producers within their jurisdiction comply.
The objectives of the Convention are:

 To
o promote shared responsibility and cooperative effoefforts
rts among Parties in the
international trade of certain hazardous chemicals in order to protect human
health and the environment from potential harm;
 To
o contribute to the environmentally sound use of those hazardous chemicals,
by facilitating information e
exchange
xchange about their characteristics, by providing for
a national decision
decision-making
making process on their import and export and by
disseminating these decisions to Parties.

 The Convention creates legally binding obligations for the implementation of the
Prior Informed Consent (PIC) procedure.
 The Convention covers pesticides and industrial chemicals that have been
banned or severely restricted for health or environmental reasons by Parties and
which have been notified by Parties for inclusion in the PIC procedure.
The Convention promotes the exchange of information on a very broad range of

chemicals. It does so through:
 the requirement for a Party to inform other Parties of each national ban or
severe restriction of a chemical;
 the possibility for Party which is a developing country or a country in transition
to inform other Parties that it is experiencing problems caused by a severely
hazardous pesticide formulation under conditions of use in its territory;
 the requirement for a Party that plans to export a chemical that is banned or
severely restricted for use within its territory, to inform the importing Party that
such export will take place, before the first shipment and annually thereafter;
 the requirement for an exporting Party, when exporting chemicals that are to be
used for occupational purposes, to ensure that an up-to-date safety data sheet
is sent to the importer; and
 Labeling requirements for exports of chemicals included in the PIC procedure,
as well as for other chemicals that are banned or severely restricted in the
exporting country.
8. Rio Declaration on Environment and Development
Introduction:
 The Rio Declaration on Environment and Development, often shortened to Rio
Declaration, was a short document produced at the 1992 United Nations
"Conference on Environment and Development" (UNCED), informally known as
the Earth Summit.
 The Rio Declaration consisted of 27 principles intended to guide countries in
future sustainable development. It was signed by over 175 countries.
Objectives:
There are a number of principles to the Rio Declaration.
 People are entitled to a healthy and productive life in harmony with nature.
 Development today must not threaten the needs of present and future
generations.
 Nations have the right to exploit their own resources, but without causing
environmental damage beyond their borders.
 Environmental protection shall constitute an integral part of the development
process.

 Eradicating poverty and reducing disparities in living standards in different

parts of the world are essential if we are to achieve sustainable development
whilst meeting the needs of the majority of the peo
people.
 Environmental issues are best handled with the participation of all concerned
citizens.
 The polluter should, in principle, bear the cost of pollution.
 Sustainable development requires better scientific understanding of the
problems. Nations should share knowledge and technologies to achieve the goal
of sustainability.
9. Stockholm Convention on Persistent Organic Pollutants
Introduction:
Stockholm Convention on Persistent Organic Pollutants is an international
environmental treaty, signed on 22 May 2001 in Stockholm and effective from 17 May
2004, that aims to eliminate or restrict the production and use of persistent organic
pollutants (POPs).

Objectives:
 The Stockholm Convention, which currently regulates 29 POPs, requires parties
to adopt a range of control measures to reduce and, where feasible, eliminate
the release of POPs.
 For intentionally produced POPs, parties must prohibit or restrict their
production
ction and use, subject to certain exemptions such as the continued use of
DDT.
 The Stockholm Convention also requires parties to restrict trade in such
substances.
 For unintentionally produced POPs, the Stockholm Convention requires
countries to develop national action plans to address releases and to apply
“Best Available Techniques” to control them.
 The Stockholm Convention also aims to ensure the sound management of
stockpiles and wastes that contain POPs.
 The Stockholm Convention is perhaps best unde understood
rstood as having five essential
aims:
- Eliminate dangerous POPs, starting with the 12 worst
- Support the transition to safer alternatives
- Target additional POPs for action
- Cleanup old stockpiles and equipment containing POPs
- Work together for a POPs-free future

10. Vienna Convention on the Law of Treaties
Introduction:
 The Vienna Convention on the Law of Treaties (VCLT) is an international
agreement regulating treaties between states. Known as the "treaty on treaties",
it establishes comprehensive rules, procedures, and guidelines for how treaties
are defined, drafted, amended, interpreted, and generally operated.
 The convention was adopted and opened to signature on 23 May 1969, and it
entered into force on 27 January 1980. It has beebeenn ratified by 116 states as of
January 2018.
 Some non-ratifying
ratifying parties, such as the United States, recognize parts of it as a
restatement of customary international law and binding upon them as such.
Objectives:
 The convention codifies several bedrocks o off contemporary international law.
 It defines a treaty as "an international agreement concluded between states in
written form and governed by international law" and affirms that "every state
possesses the capacity to conclude treaties."
 The Convention app
applies
lies only to treaties that came after it was made and to those
concluded between states and so does not govern agreements between states
and international organizations or between international organizations
themselves, but if any of its rules are independ independently
ently binding on such
organizations, they remain so.

11. World Summit on Sustainable Development
Introduction:
 The World Summit on Sustainable Development 2002, took place in South
Africa, from 26 August to 4 September 2002. It was convened to discuss
[sustainable development] organizations, 10 years after the first Earth Summit
in Rio de Janeiro. (It was therefore also informally nicknamed "Rio+10".)
Objectives:
 The Johannesburg Declaration was the main outcome of the Summit; however,
there were several other international agreements.
 Johannesburg, 27 August: agreement was made to restore the world's depleted
fisheries for 2015. It was agreed to by negotiators at the World Summit.
 Instead of new agreements between governments, the Earth Summit was
organized mostly around almost 300 "partnership initiatives" known as Type II,
as opposed to Type I Partnerships which are the more classic outcome of
international treaties. These were to be the key means to achieve the
Millennium Development Goals.
 WSSD nevertheless succeeded in placing sustainable development back on the
political agenda, giving new impetus, in particular to the environment and
development needs of Africa, with a strong focus on local issues like household
energy, water and sanitation.
12. Minamata Convention on Mercury (2013)
Introduction:
 The Minamata Convention on Mercury is an international treaty designed to
protect human health and the environment from anthropogenic emissions and
releases of mercury and mercury compounds.
 The convention was a result of three years of meeting and negotiating, after
which the text of the convention was approved by delegates representing close
to 140 countries on 19 January 2013 in Geneva and adopted and signed later
that year on 10 October 2013 at a diplomatic conference held in Kumamoto,
Japan.
 The convention is named after the Japanese city Minamata.
Objectives:
 The objective of the Minamata Convention is to protect the human health and
the environment from anthropogenic emissions and releases of mercury and
mercury compounds. It contains, in support of this objective, provisions that
relate to the entire life cycle of mercury, including controls and reductions

across a range of products, processes and industries where mercury is used,

released or emitted.
 The treaty also addresses the direct mining of mercury, it
its export and import,
its safe storage and its disposal once as waste.
 Pinpointing populations at risk, boosting medical care and better training of

health-care
care professionals in identifying and treating mercury
mercury-related effects will
also result from implementing
plementing the convention.
 The Minamata Convention provides controls over a myriad of products
containing mercury, the manufacture, import and export of which will be
altogether prohibited by 2020, except where countries have requested an
exemption for an initial 5
5-year period.
 These products include certain types of batteries, compact fluorescent lamps,
relays, soaps and cosmetics, thermometers, and blood pressure devices.
 Dental fillings which use mercury amalgam are also regulated under the
convention, and their use must be phased down through a number of
measures.
13. Cartagena Protocol on Biosafety (2000)
Introduction:
 The Cartagena Protocol on Biosafety to the Convention on Biological Diversity is
an international agreement on biosafety as a supplement to the Convention on
Biological Diversity (CBD) effective since 2003.
 The Biosafety Protocol seeks to protect biological diversity from the potential
risks posed by genetically modified organisms resulting from modern
biotechnology.

Objectives:
 The Biosafety Protocol makes clear that products from new technologies must
be based on the precautionary principle and allow developing nations to balance
public health against economic benefits.
 It will for example let countries ban imports of genetically modified organisms if
they feel there is not enough scientific evidence that the product is safe and
requires exporters to label shipments containing genetically altered commodities
such as corn or cotton.
 In accordance with the precautionary approach, contained in Principle 15 of the
Rio Declaration on Environment and Development, the objective of the Protocol
is to contribute to ensuring an adequate level of protection in the field of the
safe transfer, handling and use of 'living modified organisms resulting from
modern biotechnology' that may have adverse effects on the conservation and
sustainable use of biological diversity, taking also into account risks to human
health, and specifically focusing on transboundary movements (Article 1 of the
Protocol, SCBD 2000).
The precautionary principle (or precautionary approach) is a broad
epistemological, philosophical and legal approach to innovations with
potential for causing harm when extensive scientific knowledge on the matter
is lacking. It emphasizes caution, pausing and review before leaping into new
innovations that may prove disastrous
14. Convention on Int’l Trade in Endangered Species of Wild Fauna and Flora
[“CITES”] (1973)
Introduction:
 CITES (shorter name for the Convention on International Trade in Endangered
Species of Wild Fauna and Flora, also known as the Washington Convention) is
a multilateral treaty to protect endangered plants and animals.
 It was drafted as a result of a resolution adopted in 1963 at a meeting of
members of the International Union for Conservation of Nature (IUCN). The
convention was opened for signature in 1973 and CITES entered into force on 1
July 1975.
Objectives:
 Its aim is to ensure that international trade in specimens of wild animals and
plants does not threaten the survival of the species in the wild, and it accords
varying degrees of protection to more than 35,000 species of animals and
plants.
 In order to ensure that the General Agreement on Tariffs and Trade (GATT) was
not violated, the Secretariat of GATT was consulted during the drafting process.

 CITES is one of the largest and oldest conservation and sustainable use
agreements in existence. Participation is voluntary, and countries that have
agreed to be bound by the convention are known as Parties.
 Although CITES is legally binding on the Parties, it does not take the place of
national laws. Rather it provides a framework respected by each Party, which
must adopt their own domestic legislation to implement CITES at the national
level.
Indian Acts
A. Environment and Biodiversity Related Acts
1. Indian Forest Act, 1927
Introduction:
 This is one of the many surviving colonial legislations.
 It was enacted to consolidate the law related to forest. It has provisions for
 The protection and management of forest
 Transit of forest produce and timber
 The duty leviable on timber and other forest produce.
 It gives the procedure to be followed for declaring an area to be a Reserved
Forest, a Protected Forest or a Village Forest.
 It lists out the forest offences that are prohibited in forest area.
 This Act impacted the life of forest-dependent communities. The penalties and
procedures given in this Act aimed to extend the state’s control over forests as
well as diminishing the status of people’s rights to forest use. The village
communities were alienated from their age-old symbiotic association with
forests.
2. The Forest (Conservation) Act of 1980
Introduction:
 It was enacted by Parliament of India to control further deforestation of Forest
Areas in India.
Objective:
 For providing a higher level of protection to forests and to regulate diversion of
forest lands for non forestry purposes.
 Prior permission/approval of the Central Government is essential for De-
reservation/ Diversion of forest land for non-forestry purposes.

Rulemaking Power:
 Power to make rules for carrying out the provisions of this act is vested with the
Central Government. Every such rule shall be laid down before each house of
the parliament for a period of 30 days.
Appeals:
 The appeal from the decision of any authority under this Act shall lie to the
National Green Tribunal. Any aggrieved person may file such appeal.
 The Act deals with the four categories of the forests, namely reserved forests,
village forests, protected forests and private forests.
1. Reserved forest
 A state may declare forestlands or waste lands as reserved forest and
may sell the produce from these forests.
 Any unauthorized felling of trees quarrying, grazing and hunting in
reserved forests is punishable with a fine or imprisonment, or both.
2. Village forests
 Reserved forests assigned to a village community by the state
government are called village forests.
3. Protected forests
 The state governments are empowered to designate protected forests
and may prohibit the felling of trees, quarrying and the removal of
forest produce from these forests.
 The preservation of protected forests is enforced through rules,
licenses and criminal prosecutions.
4. Private forests
 A private forest is a forest that is not owned by municipal authorities,
church authorities or the state. It can refer to woodland owned by a
natural or juridical person or a partnership.
 Degree of protection : Reserved forests > Protected forests > Village
forests
3. Forest Act, 2006
Introduction:
 Also called as the Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006
 The law concerns the rights of forest-dwelling communities to land and other
resources.

Features:
 The rights which are included in section 3(1) of the Act are:
 Right to hold and live in the forest land under the individual or common
occupation for habitation or selfself-cultivation
cultivation for livelihood by a member or
members of a forest dwelling Scheduled Tribe or other traditional forest dweller.
 Right of ownership, access to collect, use, and dispose of minor forest produce
which has been traditionally collected within or outside village boundaries.
 Other community rights of uses or ententitlements
itlements such as fish and other products
of water bodies, grazing and traditional seasonal resource access of nomadic or
pastoralist communities.
 Rights including community tenures of habitat and habitation for primitive
tribal groups and pre
pre-agricultural communities.
 Rights for conversion of pattas or leases or grants issued by any local authority
or any State Govt. on forest lands to titles.
 Rights to protect, regenerate or conserve or manage any community forest
resource which they have been tradition
traditionally
ally protecting and conserving for
sustainable use.
 Right of access to bio diversity and community right to intellectual property and
traditional knowledge related to bio diversity. Etc.

4. Environment Protection Act, 1986
Introduction:
 The Act empowers the Central Government to take necessary actions for
preventing environmental pollution in all its forms and to tackle specific
problems that are peculiar to different parts of the country.
 It was enacted in the wake of Bhopal Gas Tragedy.
Objectives:
 To protect and improve environmental qualities.
 To bring co-ordination among central government and other authorities
established under Air Act and Water Act
 To bring the quality Standards in water and air to regulate the pollutants
concentration.
 To establish an authority to study, plan and implement long term requirements
of environmental safety.
 To give directions and to co-ordinate a system of adequate response to
emergency situations threatening the environment.
 To create an authority with the purpose of environmental protection and
regulation of discharge of pollutants and handling of harmful substances
 To cover all problems relating to environment comprehensively.
Salient Features of the Act:

 The Act specifically empowers State Government to designate air pollution areas
and to prescribe the type of fuel to be used in these designated areas.
 According to this Act, no person can operate certain types of industries
including the asbestos, cement, fertilizer and petroleum industries without
consent of the State Board.
 This Act provides for the establishment of environmental laboratories that work
to protect the environment and people from contamination.
 The jurisdiction of Civil Courts has been barred under this Act.
 It bars the discharge and emission of any environmental pollutant beyond the
standard limits by any person carrying industrial operations.
5. Bio Diversity Act, 2002

Introduction:
 India is a signatory of Convention on Biodiversity. In order to implement the
provisions of the CBD Indian government enacted this Act.

Salient Features:
 Conservation of biological diversity, sustainable use of its components and fair
and equitable sharing of benefits arising out of the use of genetic resources.
 To protect India’s rich biodiversity and associated knowledge against their use
by foreign individuals and organizations without sharing the benefits arising out
of such use, and to check biopiracy.
 The Act is implemented through a three-tier institutional mechanism.
 National Biodiversity Authority (NBA), State Biodiversity Boards (SBBs) and
Biodiversity Management Committees (BMCs) in local bodies
 Regulation of Access to Biological Diversity: Foreign citizens, NRIs, and foreign
companies are prohibited to undertake Biodiversity related approval of National
Biodiversity Authority (NBA).
 Results of research not to be transferred to Foreign citizens, NRIs, and foreign
companies without the approval of NBA.
Exceptions:
 Local people and communities of the area for free access to use biological
resources within India.
 For growers and cultivators of biodiversity of the area.
 For collaborative research through government sponsored or government
approved institutions.
 Exemption through notification of normally traded commodities.
6. National Green Tribunal Act 2010
Introduction:
 The National Green Tribunal Act, 2010 is an Act of the Parliament of India
which enables the creation of a special tribunal to handle the expeditious
disposal of the cases pertaining to environmental issues.
 It draws inspiration from India's constitutional provision of Article 21 Protection
of life and personal liberty, which assures the citizens of India the right to a
healthy environment.
Objective:
 With the establishment of the NGT, India became the third country in the world
to set up a specialised environmental tribunal, only after Australia and New
Zealand, and the first developing country to do so.
 NGT is mandated to make disposal of applications or appeals finally within 6
months of filing of the same.
 The NGT has five places of sittings, New Delhi is the Principal place of sitting
and Bhopal, Pune, Kolkata and Chennai are the other four.

Composition:
 The Chairperson of the NGT is a retired Judge of the Supreme Court.
 Other Judicial members are retired Judges of High Courts.
 Each bench of the NGT will comprise at least one Judicial Member and one
Expert Member.
 Expert members should have a professional qualification and a minimum of 15
years’ experience in the field of environment/forest conservation and related
subjects.
Powers & Jurisdiction:

 The Tribunal has jurisdiction over all civil cases involving substantial question
relating to environment.
 Being a statutory adjudicatory body like Courts, apart from original jurisdiction
side on filing of an application, NGT also has appellate jurisdiction to hear
appeal as a Court (Tribunal).
 While passing any order/decision/ award, it shall apply the principles of
sustainable development, the precautionary principle and the polluter pays
principle.
NGT by an Order, can Provide

 Relief and compensation to the victims of pollution and other environmental
damage (including accident occurring while handling any hazardous substance),
 For restitution of property damaged, and
 For restitution of the environment for such area or areas, as the Tribunal may
think fit.
 An order/decision/award of Tribunal is executable as a decree of a civil court.
The NGT Act also provides a procedure for a penalty for non compliance:
 Imprisonment for a term which may extend to three years,
 Fine which may extend to ten crore rupees, and
 Both fine and imprisonment.
 An appeal against order/decision/ award of the NGT lies to the Supreme Court,
generally within ninety days from the date of communication.
The NGT deals with civil cases under the seven laws related to the environment,
these include:
(a) The Water (Prevention and Control of Pollution) Act, 1974,
(b) The Water (Prevention and Control of Pollution) Cess Act, 1977,
(c) The Forest (Conservation) Act, 1980,
(d) The Air (Prevention and Control of Pollution) Act, 1981,
(e) The Environment (Protection) Act, 1986,
(f) The Public Liability Insurance Act, 1991 and
(g) The Biological Diversity Act, 2002.

Any violation pertaining to these laws or any decision taken by the Government
under these laws can be challenged before the NGT.
7. The Public Liability Insurance Act and Rules 1991 and Amendment, 1992
Introduction:
 The 1991 Public Liability Law regulates mandatory liability insurance. Under
the law, companies must commit to installing and handling hazardous
materials that have been reported under the Environmental Protection Act,
1986.
Features:
 The Public Liability Insurance Act 1991 applies to all owners associated with the
production or handling of any hazardous chemicals, to provide immediate relief
to victims and persons (other than workmen) affected by accidents occurring
while handling hazardous substances through the insurance amount paid by
the owner of the hazardous substance.
Following are some of the relevant provisions of this Act:

 An accident is a sudden or unexpected incident, which is related to a hazardous
substance that causes continuous or temporary exposure or injury to a person
but does not result in an accident that is solely caused by war or war
radioactivity.
 To deal with hazardous substances is to manage the production, handling,
packaging, storage, transportation of vehicles, use, collecting, destructing
conversion, making offers for sale, removal from such hazardous substances.
 If the death or injury of another person (other than a worker) or property
damage due to an accident has occurred, the owner is obliged to provide the
assistance listed on the list for the death, injury, or damage.
 The Central Government can establish a fund known as the Environmental
Assistance Fund through notification.
 If the Central Government or the government authorized by this name has
reason to believe that the owner has handled a hazardous substance that
violates one of the provisions of this Law, the government has or, if necessary,
can submit an application to the court, which no lower than a metropolitan
judge or first-class judge, to prevent the owner from processing it.

8. The National Environment Appellate Authority Act,1997
Introduction:
 Set up as an independent body to address cases in which environmental
clearances have been granted by the Ministry of Environment and Forests.
Features:
 Any person aggrieved by an order granting environmental clearance in the areas
in which any industries, operations or processes or class of industries,
operation and processes shall not be carried out or shall be carried out subject
to certain safeguards may, within thirty days from the date of such order, prefer
an appeal to the Authority in such form as may be prescribed.
 The Authority shall not be bound by the procedure laid down in the Code of
Civil Procedure,1908, but shall be guided by the principles of natural justice
and subject to the other provisions of this Act and of any rules made by the
Central Government, the Authority shall have power to regulate its own
procedure including the fixing of places and times of its inquiry and deciding
whether to sit in public or in private.
 The Authority shall consist of a Chairperson, a Vice Chairperson and such other
Members not exceeding three, as the Central Government may deem fit.
B. Pollution Related Acts
1. The Water (Prevention and Control of Pollution) Act of 1974
Introduction:
 The main objective of this act is to provide prevention and control of water
pollution and maintaining or restoring of wholesomeness and purity of water.
 It is designed to assess pollution levels and punish polluters. The Central
Government and State Government have set up PCBs to monitor water
pollution.
Features:
 The Act vests regulatory authority in State Pollution Control Boards and
empowers these Boards to establish and enforce effluent standards for factories
discharging pollutants into water bodies.
 A Central Pollution Control Board performs the same functions for Union
Territories and formulate policies and coordinates activities of different State
Boards.
 The State Pollution Control Boards control sewage and industrial effluent
discharges by approving, rejecting or impose conditions while granting consent
to discharge.

 The Water Act, 1974 with certain amendments in 1978 is an extensive

legislation with more than sixty sections for the prevention and control of water
pollution.
 Among other things, the Act provides for constitution of central and State
Boards for preventing water pollution, power to take water samples and their
analysis, discharge of sewage or trade effluents, appeals, revision, minimum
and maximum penalties, publication of names of offenders, offences by
companies and Government departments, cognizance of offences, water
laboratories, analysis etc.
 Prevention and control of water pollution is achieved through a permit or
‘consent administration’ procedure. Discharge of effluents is permitted by
obtaining the consent of the State Water Board, subject to any condition they
specify.
 Any person who fails to comply with a directive of the State cannot, however,
entertain in suit under this Act unless the suit is brought by, or with the
sanction of the State Board.
2. Water (Prevention and control of Pollution) Cess Act, 1977
Introduction:
 Water Cess, or to be precise, Water (Prevention and Control of Pollution) Cess
refers to a tax levied under the Water (Prevention and Control of Pollution) Cess
Act, 1977 on water consumed by persons operating and carrying on certain
types of industrial activities.
 For instance, this cess is levied on the water consumed by some of the most
polluting industries like petrochemicals, ferrous, mining, chemical, fertiliser,
paper, leather etc.
 Every local authority - a municipal corporation or a municipal council or a
cantonment board or any other body, entrusted with the duty of supplying the
water is also liable to pay the cess.
Objective:
 This cess is collected with a view to augment the resources of the Central
Pollution Control Board (CPCB) and the State Pollution Control Boards (SPCBs)
for the prevention and control of water pollution, as mandated under the Water
(Prevention and Control of Pollution) Act, 1974.

Salient Features:
 To generate financial resources to meet expenses of Central and State Control
Boards.
 The Act creates economic incentives for pollution control and requires local
authorities and certain designated industries to pay a cess for water effluent
discharge.
 Central Government after deducting the expenses of collection, pays the central
and state boards such sums, as it seems necessary.
 To encourage capital investment in pollution control, the Act gives a polluter a
70% rebate of the applicable cess upon installing effluent treatment equipment.
3. The Air (Prevention and Control of Pollution) Act of 1981
Introduction:
 To implement the decisions taken at the United Nations Conference on the
Human Environment held at Stockholm in June 1972, Parliament enacted the
nationwide Air Act.
Objective:
 The main objectives of this Act are to improve the quality of air and to prevent,
control and abate air pollution in the country.
Features:
 The Air Act’s framework is similar to that of the Water Act of 1974.
 The Air Act expanded the authority of the central and state boards established
under the Water Act, to include air pollution control.
 States not having water pollution boards were required to set up air pollution
boards.
 Under the Air Act, all industries operating within designated air pollution
control areas must obtain a “consent” (permit) from the State Boards.
 The states are required to prescribe emission standards for industry and
automobiles after consulting the central board and noting its ambient air
quality standards.
 The Act grants power to SPCB and to test equipment and to take the sample for
the purpose of analysis from any chimney, fly ash or dust or any other.
 The 1988 amendment act empowered SPCB and CPCB to close a defaulting
industrial plant.
 Notably, the 1987 amendment introduced a citizen’s suit provision into the Air
Act and extended the Act to include noise pollution.

C. Wildlife Related Acts
1. Wildlife Protection Act, 1972
Introduction:
 The Wild Life (Protection) Act, 1972 is an Act of the Parliament of India enacted
for protection of plants and animal species.
 Before 1972, India had only five designated national parks. Among other
reforms, the Act established schedules of protected plant and animal species;
hunting or harvesting these species was largely outlawed.
Constitutional Provisions for the Wildlife Act:

 Article 48A - directs the State to protect and improve the environment and
safeguard wildlife and forests.
 Article 51A - imposes certain fundamental duties for the people of India. One of
them is to protect and improve the natural environment including forests, lakes,
rivers, and wildlife and to have compassion for living creatures.
 The 42nd Amendment Act, 1976, Forests and Protection of Wild Animals and
Birds was transferred from State to Concurrent List.
Features:
 The Act was enacted for the protection of plants and animal species.
 It extends to the whole of India except the State of Jammu and Kashmir.
 Prior to this legislation, India had only five designated national parks.
 This Act provides for the protection of a listed species of animals, birds, and
plants, and also for the establishment of a network of ecologically-important
protected areas in the country.
 The Act provides for the formation of wildlife advisory boards, wildlife wardens,
specifies their powers and duties, etc.
 It helped India become a party to the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES).
 CITES is a multilateral treaty with the objective of protecting endangered
animals and plants.
 It is also known as the Washington Convention and was adopted as a result of a
meeting of IUCN members.
 For the first time, a comprehensive list of the endangered wildlife of the country
was prepared.
 The Act prohibited the hunting of endangered species.
 Scheduled animals are prohibited from being traded as per the Act’s provisions.
 The Act provides for licenses for the sale, transfer, and possession of some
wildlife species.
 It provides for the establishment of wildlife sanctuaries, national parks, etc.

 Its provisions paved the way for the formation of the Central Zoo Authority. This
is the central body responsible for the oversight of zoos in India. It was
established in 1992.
 The Act created six schedules which gave varying degrees of protection to
classes of flora and fauna.
 Schedule I and Schedule II (Part II) get absolute protection, and offences under
these schedules attract the maximum penalties.
 The schedules also include species that may be hunted.
 The National Board for Wildlife was constituted as a statutory organization
under the provisions of this Act.
 This is an advisory board that offers advice to the central government on issues
of wildlife conservation in India.
 It is also the apex body to review and approve all matters related to wildlife,
projects of national parks, sanctuaries, etc.
 The chief function of the Board is to promote the conservation and development
of wildlife and forests.
 It is chaired by the Prime Minister.
 The Act also provided for the establishment of the National Tiger Conservation
Authority.
 It is a statutory body of the Ministry of Environment, Forest and Climate
Change with an overall supervisory and coordination part, performing capacities
as given in the Act.
 Its mandate is to strengthen tiger conservation in India.
 It gives statutory authority to Project Tiger which was launched in 1973 and
has put the endangered tiger on a guaranteed path of revival by protecting it
from extinction.
Indian Policies and Rules

A. Climate Related Policies
1. National Action Plan for Climate Change (NAPCC)
Introduction:
 (NAPCC) is a comprehensive action plan which outlines measures on climate
change related adaptation and mitigation while simultaneously advancing
development.
Objective:
 The plan aims at fulfilling India's developmental objectives with focus on
reducing emission intensity of its economy.
 The plan will rely on the support from the developed countries with the prime
focus of keeping its carbon emissions below the developed economies at any
point of time.

 The 8 Missions form the core of the Plan, representing multi-pronged, long
termed and integrated strategies for achieving goals in the context of climate
change.
1. National Solar Mission
2. National Mission for Enhanced Energy Efficiency
3. National Mission on Sustainable Habitat
4. National Water Mission
5. National Mission for Sustaining the Himalayan Ecosystem
6. National Mission for Green India
7. National Mission for Sustainable Agriculture
8. National Mission on Strategic Knowledge on Climate Change

B. Pollution Related Policies
1. E-Waste Management Rules, 2016
Introduction:
 Manufacturer, Dealer, Refurbisher and Producer Responsibility Organization
(PRO) has been made responsible for managing the e-waste for the first time.
 Rules will now include Compact Fluorescent Lamp (CFL) and other mercury
containing lamps.
 The rules will bring the producers under Extended Producer Responsibility
(EPR), along with targets, i.e. producers have been made responsible for
collection of E-waste and for its exchange.
 Skill development of the workers involved in dismantling and recycling
operations will be responsibility of state governments.
 The Central Pollution Control Board will give the single authorization for
dismantling and recycling throughout the country
 The transportation of E-waste has been made more stringent, considering its
effects on human health.
Salient features of the E-waste (Management) Amendment Rules, 2018 are as

follows:
 The phase-wise collection targets for e-waste in weight shall be 10% of the
quantity of waste generation as indicated in the EPR Plan during 2017-18, with
a 10% increase every year until 2023. After 2023 onwards, the target has been
made 70% of the quantity of waste generation as indicated in the EPR Plan.
 Separate e-waste collection targets have been drafted for new producers, i.e.
those producers whose number of years of sales operation is less than the
average lives of their products. The average lives of the products will be as per
the guidelines issued by CPCB from time to time.
 Producer Responsibility Organizations (PROs) shall apply to the Central
Pollution Control board (CPCB) for registration to undertake activities
prescribed in the Rules.
 Under the Reduction of Hazardous Substances (RoHS) provisions, cost for
sampling and testing shall be borne by the government for conducting the RoHS
test. If the product does not comply with RoHS provisions, then the cost of the
test will be borne by the Producers.
2. Solid Waste Management, 2016 Rules
Introduction:
 Scientific disposal of solid waste through segregation, collection and treatment
and disposal in an environmentally sound manner minimises the adverse
impact on the environment.

 The local authorities are responsible for the development of infrastructure for
collection, storage, segregation, transportation, processing and disposal of
Municipal Solid Waste.
Features:
 The Rules are now applicable beyond Municipal areas and extend to urban
agglomerations.
 The source segregation of waste has been mandated to channelize the waste to
wealth by recovery, reuse and recycle.
 Responsibilities of Generators have been introduced to segregate waste in to
three streams, Wet (Biodegradable), Dry (Plastic, Paper, metal, wood, etc.) and
domestic hazardous wastes (diapers, napkins, empty containers of cleaning
agents, mosquito repellents, etc.) and handover segregated wastes to authorized
rag-pickers or waste collectors or local bodies.
 Integration of waste pickers/ rag pickers and waste dealers/ Kabadiwalas in the
formal system should be done by State Governments, and Self Help Group, or
any other group to be formed.
 No person should throw, burn, or bury the solid waste generated by him, on
streets, open public spaces outside his premises, or in the drain, or water
bodies.
 Generator will have to pay ‘User Fee’ to waste collector and for ‘Spot Fine’ for
Littering and Non-segregation.
 The concept of partnership in Swachh Bharat has been introduced.
 All hotels and restaurants should segregate biodegradable waste and set up a
system of collection or follow the system of collection set up by local body to
ensure that such food waste is utilized for composting /bio-methanation.
 All Resident Welfare and market Associations, Gated communities and
institution with an area >5,000 sq. m should segregate waste at source- in to
valuable dry waste like plastic, tin, glass, paper, etc. and handover recyclable
material to either the authorized waste pickers or the authorized recyclers, or to
the urban local body.
 The bio-degradable waste should be processed, treated and disposed of through
composting or bio-methanation within the premises as far as possible
 The developers of Special Economic Zone, industrial estate, industrial park to
earmark at least 5% of the total area of the plot or minimum 5 plots/ sheds for
recovery and recycling facility.
 All manufacturers of disposable products such as tin, glass, plastics packaging
etc. or brand owners who introduce such products in the market shall provide
necessary financial assistance to local authorities for the establishment of waste
management system.
 All such manufacturers, brand owners or marketing companies should educate
the masses for wrapping and disposal of their products.

 Non-recyclable
recyclable waste having calorific value of 1500 K/cal/kg or more shall not
be disposed of on landfills and shall only b be
e utilized for generating energy either
or through refuse derived fuel or by giving away as feed stock for preparing
refuse derived fuel.
 High calorific wastes shall be used for co co-processing
processing in cement or thermal power
plants.
 Special provision for managem
management ent of solid waste in hilly areas:-
areas: Construction of
landfill on the hill shall be avoided. Suitable land shall be identified in the plain
areas, down the hill, within 25 kilometers for setting up sanitary landfill. The
residual waste from the transfer statstation
ion shall be disposed off at this sanitary
landfill.
3. Bio-Medical
Medical Waste Management Rules, 2016
Introduction:
Bio-medical
medical waste has been classified in to 4 categories instead 10 to improve the
segregation of waste at source.
4 Categories and their colour-code.
Red Bin – Plastic
lastic waste such as bottles, syringes, etc.
Yellow Bin – Infectious wastes such as cotton, bandage, placenta, etc.
Blue Bin – Glass bottles like discarded medicines
Black Bin – Needles without syringes, metal articles, etc

Phase-out
out the use of chlorinated plastic bags, gloves and blood bags within two
years
 Pre-treatment
treatment of the laboratory waste, microbiological waste, blood samples and
blood bags through disinfection or sterilisation on on-site
site in the manner as
prescribed by WHO O or NACO.
 State Government to provide land for setting up common bio bio-medical waste
treatment and disposal facility
 Establish a Bar-Code
Code System for bags or containers containing bio bio-medical
waste for disposal.
 Provide training to all its health care worker
workerss and immunise all health workers
regularly.

4. The Ozone Depleting Substance Rules
Introduction:
 The rules are framed under the jurisdiction of Environment (Protection) Act.
 These Rules set the deadlines for phasing out of various ODSs.
 Rules prohibit the use of CFCs in manufacturing various products beyond 1st
January 2003
 The use of methyl bromide has been allowed upto 1st January 2015.

5. Plastic Waste Management Rules, 2016
Introduction:
 Increase minimum thickness of plastic carry bags from 40 to 50 micron
 Expand the jurisdiction of applicability from the municipal area to rural areas
 To bring in the responsibilities of producers and generators, both in plastic
waste management system and to introduce collect back system of plastic waste
by the producers/brand owners, as per extended producers responsibility
 To promote use of plastic waste for road construction as per Indian Road
Congress guidelines or energy recovery, or waste to oil etc.
Features:
 First time, responsibility of waste generators is being introduced.
 First time, persons organising such events have been made responsible for
management of waste generated from these events.
 Extended Producer Responsibility: Earlier, EPR was left to the discretion of the
local bodies.
 First time, the producers and brand owners have been made responsible for
collecting waste generated from their products.
 Central Pollution Control Board (CPCB) has been mandated to formulate the
guidelines for thermoset plastic (plastic difficult to recycle).
6. Hazardous Wastes (Management, Handling and Transboundary) Rules, 2008
Introduction:
 Hazardous Waste Management Rules are notified to ensure safe handling ,
generation, processing, treatment, package, storage, transportation, use
reprocessing, collection, conversion, and offering for sale, destruction and
disposal of Hazardous Waste.
 These Rules came into effect in the year 1989.
 The Rules lay down corresponding duties of various authorities such as MoEF,
CPCB, State/UT Govts., SPCBs/PCCs, DGFT, Port Authority and Custom
Authority while State Pollution Control Boards/ Pollution Control Committees
have been designated with wider responsibilities touching across almost every
aspect of Hazardous wastes generation, handing and their disposal.
Features:
 The utilisation of hazardous wasteas a resource or after pre-processing either
for coprocessing or for any other use, including within the premises of the
generator (if it is not part of process), shall be carried out only after obtaining
authorisation from the State Pollution Control Board in respect of wastes on the

basis of standard operating procedures or guidelines issued by the Central

Pollution Control Board from time to time.‘
 Where standard operating procedures are not available for specific utilisation of
hazardous waste, the approval has to be sought from the Central Pollution
Control Board which shall be granting approval on the basis of trial runs and
thereafter, standard operating procedures shall be prepared by the Central
Pollution Control Board.
7. Batteries (Management & Handling) Rules, 2001

Introduction:
 The Central Government viewed the disposal of battery waste as more important
than battery production and thus, the Ministry of Environment and Forests
(MoEF) notified the final rules to regulate the collection and recycling of all the
used lead-acid batteries in India entitled as “Batteries (Management and
Handling) Rules, 2001 on May 16, 2001.
 The Act is applicable for the management of batteries in the Environment
(Protection) Act, 1986 and it extends to the whole of India.
Objectives:
 The initial objective behind the Act or the rules is proper management of
discarded batteries that are thrown when not in use.
 The second objective is to keep a proper record of the sale and import of these
lead-acid batteries only to control their production and accordingly plan the
disposal for these batteries.
Features:
 The Rules have made it mandatory for the consumers to return the batteries
that have been used up. The responsibility of collection is given to the
manufacturers, assemblers, re-conditioners, and importers.
 The recyclers should have environmental sound technology for processing and
recycling the lead-acid batteries. This technology is tested with the Ministry of
Environment and Forests, and then accordingly the recyclers are registered
officially.
 Manufacturers are required to set up the collection centers either individually or
jointly, to collect the used batteries from the consumers.
 Batteries that are sold to the bulk consumers like Centre, State, Road Transport
undertakings, and Equipment manufacturers for example- automobile
manufacturers have been excluded from the obligation of collection of batteries.

8. The Noise Pollution (Regulation and control) (Amendment) Rules, 2010
Introduction:
 Whereas the increasing ambient noise levels in public places from various
sources, inter-alia, industrial activity, construction activity, generator sets, loud
speakers, public address systems, music systems, vehicular horns and other
mechanical devices have deleterious effects on human health and the
psychological well being of the people; it is considered necessary to regulate and
control noise producing and generating sources with the objective of
maintaining the ambient air quality standards in respect of noise.
Features:
 The ambient air quality standards in respect of noise for different areas / zones
shall be such as specified in the Schedule annexed to these rules.
 The State Government shall categorize the areas into industrial, commercial,
residential or silence areas / zones for the purpose of implementation of noise
standards for different areas.
 The State Government shall take measures for abatement of noise including
noise emanating from vehicular movements and ensure that the existing noise
levels do not exceed the ambient air quality standards specified under these
rules.
 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 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.
C. Environment and Biodiversity related policies
1. National Water Policy
Introduction:
 It was adopted in 2012 by National Water Resources Council.
Recommendations
 Emphasises on the need for a National Water Framework Law
 Evolve a system of benchmarks for water uses for different purposes to ensure
efficient use of water
 Setting up of Water Regulatory Authority by each state
 Incentivizing recycle and reuse of water

 Emphasis on community participation in management of water resources

projects and services
 Encouraging water saving techniques such as micro irrigation, aligning
cropping pattern with natural resource endowments, automated irrigation
operation, evaporation-transpiration reduction etc.
2. National Environment Policy 2006
Introduction:
 The goal of the National Policy on the Environment is to 'ensure environmental
protection and the conservation of natural resources for sustainable
development'.
 Its strategic objective is to coordinate environmental protection and natural
resources conservation for sustainable development
Objectives of the Policy:

 Conservation of Critical Environmental Resources.
 Intra-generational Equity: Livelihood Security for the Poor.
 Inter-generational Equity
 Integration of Environmental Concerns in Economic and Social Development
 Efficiency in Environmental Resource Use.
 Environmental Governance
 Enhancement of Resources for Environmental Conservation.
3. Wetland (Conservation and Management) Rules, 2017
Introduction:
 The rules specify activities which are harmful to wetlands such as
industrialization, construction, dumping of untreated waste and reclamation
and prohibit these activities in the wetlands.
 Central Wetland Regulatory Authority has been set up to ensure proper
implementation of the Rules.
Features:
 Constitution of State Wetland Authority (SWA)
 Setting up of National Wetland committee
The SWA Shall:

 Develop a comprehensive list of activities to be regulated and permitted within
notified wetlands and their zone of influence.
 Recommend additional prohibited activities for specified wetlands.
 Define strategies for better use of wetlands.
 Recommend measures for wetland conservation and for raising awareness
among its stakeholders

Wetlands (Conservation and Management) Rules, 2019:

 Wetlands Authority within a state is the nodal authority for all wetland
wetland-specific
authorities in a state/UT.
 As per the guidelines, prohibited activities on wetlands are;
 Setting up any industry and expansion of existing industries
 Dumping solid waste or discharge of untreated wastes and effluents from
industries and any human settlements, and
 Encroachment or conversion for non
non-wetlands uses.
D. Energy Related Policies
1. National Policy on Biofuels – 2018
Introduction:
To encourage the generation and use of biofuels union cabinet approved national
policy on biofuels.
Bio-Fuel
 Biofuel is any hydrocarbon fuel that is produced from organic matter in a short
period of time.
 This is in contrast with fossil fuels, which take millions of years to form.
Biofuels are considered renewable form of energy as it emits less than fossil
fuels.

Different Generation Biofuels

1. First Generation Biofuels: It uses the food crops like wheat and sugar for
making ethanol and oil seeds for bio diesel by conventional method of
fermentation.
2. Second Generation Biofuels: It uses non-food crops and feedstock such as
Wood, grass, seed crops, organic waste are used in fuel preparation.
3. Third Generation Biofuels: It uses specially engineered Algae whose biomass is
used to convert into biofuels. The greenhouse gas emission here will be low in
comparison to others.
4. Fourth Generation biofuel: It aimed at not only producing sustainable energy
but also a way of capturing and storing CO2.
D. Wildlife Related Policies
1. National Forest Policy 1988
Introduction:
 The principal aim of National Forest Policy, 1988 is to ensure environmental
stability and maintenance of ecological balance including atmospheric
equilibrium which are vital for sustenance of all life forms, human, animal and
plant.
Objectives:
 Maintenance of environmental stability through preservation and reforestation
 Conservation of the natural heritage and protection of remaining flora and
fauna, representing the genetic diversity in the country.
 Checking soil erosion and denudation in the catchment areas of rivers, lakes,
reservoirs in the interest of soil and water conservation.
 Checking the extension of sand-dunes in the desert areas of Rajasthan and
along the coastal tracts.
 Increasing substantially the forest/tree cover in the country through massive
afforestation and social forestry programmes.
 Increasing the productivity of forests to meet the essential national needs.
 Encouraging the efficient utilization of forest produce and maximizing the
substitution of wood.
 Creating a massive people's movement with the involvement of women in
achieving these objectives and to minimize the pressure of population on
existing forests.

Achievements of Policy:
 Increase in the forest and tree cover.
 Involvement of local communities in the protection, conservation, and
management of the forests through Joint Forest Management Programme.
 Conservation of biological diversity and genetic resources of the country through
in-situ
situ and exsitu conservation efforts.
 A significant contribution towards the mainte
maintenance
nance of ecological balance and
environmental stability in the country.
Joint Forest Management:

 Under JFM programme both the State forest department, as well as the local
communities, are involved in the conservation, protection, and management of
forest lands under their jurisdiction.
 The local communities enter into a JFM agreement with the forest department
under which they assist the forest department in the protection of forests from
the illegal felling of trees, excessive grazing, fires, etc., in return for rights over
the minor forest produce and a share of revenue generated from the sale of
timber products.

2. Draft Forest Policy 2018
Introduction:
 The new Policy aims to address new realities of Climate Change, human animal
conflict and decreasing green cover.
Salient Features:
 To bring minimum one third of area under forest cover through scientific
interventions and enforcing strict rules to protect the Dense cover.
 Unlike previous policies which stressed on environmental stability this focuses
on international challenges of climate change.
 It proposes public-private participation models for undertaking afforestation
and reforestation activities in degraded forest areas.
 To address the issues of human-animal conflict it proposes for Quick response,
dedicated teams of well equipped and trained personnel.
 Monitoring and management of population of wildlife would be adopted on a
long-term basis within and outside forests for maintaining the balance.
 Safeguard forest land by exercising strict restraint on diversion for non-forestry
purposes, and strict oversight on compliance of the conditions
F. Marine Related Policies

1. CRZ Rules
Introduction:
 The coastal regulation zones have been declared by the Ministry of
Environment, Forest and Climate change under the Environment Protection Act
1986.
 While the CRZ Rules are made by the Union environment ministry,
implementation is to be ensured by state governments through their Coastal
Zone Management Authorities.
CRZ Rules, 2011:

 CRZ-I (ecologically sensitive areas like mangroves, coral reefs, biosphere
reserves etc.).
 No new construction shall be permitted in CRZ-I except
 Projects relating to the Department of Atomic Energy;
 Construction of trans-harbour sea link and roads without affecting the tidal flow
of water, between LTL and HTL. Etc.
 CRZ-II (Areas which are developed up to the shoreline and falling within the
municipal limits; includes built-up area – villages and towns are that are
already well established)

 CRZ-III:
III: Areas that ar
aree relatively undisturbed and do not fall under either in
Category I or II and also include rural and urban areas that are not
substantially developed.
 Between 0-200200 metres from HTL is a No Development Zone where no
construction shall be permitted.
 CRZ-IV: The aquatic area from low tide line up to territorial limits is classified as
CRZ-IV
IV including the area of the tidal influenced water body
 A separate draft Island Protection Zone Notification has been issued for
protection of the islands of Andaman & Nicob Nicobar
ar and Lakshadweep under
Environment (Protection) Act, 1986.
CRZ Rules, 2019:

 The 2019 norms replace the existing CRZ norms of 2011.
 The new CRZ norms aim to promote sustainable development based on
scientific principles.
 There is no reduction in Development Zone
 For CRZ-III
III (Rural) areas, two separate categories have been stipulated - CRZ-III
A and CRZ-III B.
 Floor Space Index norms have been eased
 Tourism infrastructure permitted in coastal areas
 Coastal Regulation Zone clearances streamlined
 No Development Zone of 20 meters for all Islands
Islands.


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RRP 2022 – Environment Legislations Ready Reckoner

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4. The Ozone Depleting Substance Rules 34 – 34

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International Acts and Regulations

1. Wetland Convention (Ramsar Convention)

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different timetables for developed and developing countries (referred to as

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The Kyoto Mechanisms:

4. The Convention on Biological Diversity (CBD)

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 Its objective is to develop national strategies for the conservation and

5. Paris Climate Accords

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Nationally determined contributions (NDCs):

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long-term planning and development priorities, providing a vision and direction

Impacts of the Convention:

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7. Rotterdam Convention on Trade in Hazardous Chemicals

The objectives of the Convention are:

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The Convention promotes the exchange of information on a very broad range of

8. Rio Declaration on Environment and Development

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 Eradicating poverty and reducing disparities in living standards in different

9. Stockholm Convention on Persistent Organic Pollutants

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10. Vienna Convention on the Law of Treaties

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11. World Summit on Sustainable Development

12. Minamata Convention on Mercury (2013)

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across a range of products, processes and industries where mercury is used,

 Pinpointing populations at risk, boosting medical care and better training of

13. Cartagena Protocol on Biosafety (2000)

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A. Environment and Biodiversity Related Acts

1. Indian Forest Act, 1927

2. The Forest (Conservation) Act of 1980

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3. Forest Act, 2006

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4. Environment Protection Act, 1986

Salient Features of the Act:

5. Bio Diversity Act, 2002

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6. National Green Tribunal Act 2010

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Powers & Jurisdiction:

NGT by an Order, can Provide

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