Environmental Laws

• 4 Laws:
– Water (prevention and control of pollution)
Act, 1974
– Air (prevention and control of pollution) Act,
1981
– Environmental (Protection) Act, 1986
– Wildlife (Protection) Act,1972
 The Water (prevention and
control of pollution) Act, 1974
• Implemented on 23rd March, 1974
• Water is the State subject
• Parliament can not legislate on water subject
• States have to agree for parliament legislation
• Majority States resolved for parliament legislating
• Parliament therefore, passed the water Act
• VIII Chapters
 Salient features of the Act
(Water Act)-
Chapter I- Preliminary
Objectives
•To prevent and control water pollution
•To maintain wholesomeness of water
•To establish central and State Boards for prevention and
control of pollution
•To empower the Boards for prevention/control of
pollution
•To provide penalties for contravention of the provisions
of the Act
•To establish central and state water testing laboratories.
 Chapter II
Central/State pollution control Boards

• Both the Boards have the objective of

pollution control
 Main functions of the Central pollution
control Board (CPCB)
a) Advise the Central Govt. for control of pollution of
water
b) Co-ordinate the activities of the State Boards
c) Provide technical assistance and guidance to State Boards
d) Plan and organise training
e) Media program organizing
f) To perform functions of the State Board in case of default
g) Collect and publish technical data
h) Lay down standards for stream/well
i) Plan and organize pollution control programs
j) Establish laboratories for testing
 Functions of State Boards
-Plan and control/abate pollution of water
-Advise State Govt. on matters of water pollution
-To collect and spread information
-To investigate and conduct research in matters of pollution
-To work in tune with CPCB
-To inspect sewerage or trade effluents
-To lay down standards of sewerage/trade effluents etc.
-To create methods of effluent disposal/sewerage disposal
–in land
–in water
–in stream etc.
-To prevent discharge of waste into water
-To advise Govt. with respect to location of polluting industries
-To establish laboratories
-To Co-ordinate with CPCB
 Prevention and Control of Water Pollution
1. Under this act, State Government has power to restrict the application of
the Act to certain areas
2. It has also power to obtain information
3. PCBs have power to take samples of effluents.
4. Report of analysis
5. PCBs have power to enter any factory and inspect
6. It can prohibit use of stream or well for disposal of polluting matter
7. It can regulate new outlets and new discharges
8. PCBs to undertake emergency measures in case of pollution of stream or
well
9. PCBs can also approach for restraining apprehended pollution of water in
streams or wells
10. It can give directions
Chapter VII of Water Act –
-Under this chapter penalties can be levied for certain acts
- Destruction of notices of PCBs
- Obstructing PCB persons from doing their duty
- damaging property of PCBs
-non furnishing of information
- Failure to intimate accident
- for willful omission of information
- or making false statement etc.
- punishment including imprisonment with penalty –
Rs.10,000 - 3 months
 Water Act…
-Under this act Central water laboratory, State water
Laboratories are set up
-Analysts appointed for analyzing the samples
-Reports are published by analysts
-PCBs to take the help from local bodies also Section
63 of Water Act gives power to make rules to Central
Government
-Section 64 to State Government
-States shall make rules on matters which are not
dealt with by the Central Rules
 The Air(Prevention and Control of
Pollution) Act, 1981
• Implemented on 29th March, 1981
• VII Chapters
• Under this act the CPB plays a major role in
control/abatement of pollution
• It has to advise Central Government for
improvement of Air quality
• It has to prevent air pollution
• Co-ordinate the activity of state pollution control
boards
 The Air(Prevention and Control
of Pollution) Act, 1981(Cont..)
• Chapter VI of the air act relates to
prevention and control of air pollution
• The state governments in consultation
with the Board declare air pollution
control areas
• Alter air pollution control areas
• Declare new air pollution control areas
 The Air(Prevention and Control
of Pollution) Act, 1981(Cont..)
• The act provides for control of emission from auto
mobiles
• It also restricts certain industries on the basis of air
pollution
• It declares the level of air pollutants as per
standards
• It applies to the courts to restrain persons from
polluting
• Just like water act it gives power to PCBs to enter
and inspect the factory.
 The wildlife(Protection) Act, 1972
The Wildlife Protection Act, 1972 is an Act
of the Parliament of India enacted for
protection of plants and animal species.
Among other reforms, the Act established
schedules of protected plant and animal
species; hunting or harvesting these species
was largely outlawed.
• The Act provides for the protection of wild animals, birds and
plants; and for matters connected therewith or ancillary or
incidental thereto. It extends to the whole of India, except the
State of Jammu and Kashmir which has its own wildlife act.
• It has six schedules which give varying degrees of
protection. Schedule I and part II of Schedule II provide absolute
protection - offences under these are prescribed the highest
penalties.
• Species listed in Schedule III and Schedule IV are also protected,
but the penalties are much lower.
• Schedule V includes the animals which may be hunted.
• The plants in Schedule VI are prohibited from cultivation and
planting.
• The hunting to the Enforcement authorities have the power to
compound offences under this Schedule (i.e. they impose fines
on the offenders).
 The Environmental (Protection )
Act, 1986
• Introduction:
• The Environment (Protection) Act was enacted in the year
1986. It was enacted with the main objective to provide the
protection and improvement of environment and for matters
connected therewith. The Act is one of the most
comprehensive legislations with pretext to protection and
improvement of environment. The air, water, land, living
creatures as well as the environment in general is becoming
polluted at an alarming rate that needs to be controlled and
curbed as soon as possible. The 1986 Act was enacted in this
spirit.
 Objectives of EPA, 1986
•To provide the protection and improvement of environment and for matters
connected therewith.
•To implement the decisions made at the UN Conference on Human and
Environment held at Stockholm in June, 1972.
•To enact a general law on the areas of environmental protection which were
left uncovered by existing laws.
•To co-ordinate activities of the various regulatory agencies under the
existing laws.
•• To provide for the creation of an authority or authorities for environmental
protection
•• To provide a deterrent punishment to those who endanger human
•environment, safety and health.
 Scope and Applicability
• The Environment (Protection) Act is applicable
to whole of India including Jammu & Kashmir.
It came into force on November 19, 1986.
 Powers of Central Government to take measures to
Protect and Improve Environment

• According to the provisions of the 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 abating environmental
pollution.
 continue
• co-ordination of actions by the State Governments, officers and other
• authorities- under this Act, or the rules made thereunder, or under any other law for the
time being in force which is relatable to the objects of this Act;
• planning and execution of a nation-wide programme for the prevention, control and
abatement of environmental pollution;
• laying down standards for the quality of environment in its various aspects;
• laying down standards for emission or discharge of environmental
• pollutants from various sources whatsoever.
• restriction of areas in which any industries, operations or processes or class of industries,
operations or processes shall not be carried out or shall be carried out subject to certain
safeguards; laying down procedures and safeguards for the prevention of accidents which
may cause environmental pollution and remedial measures for such accidents.
• laying down procedures and safeguards for the handling of hazardous substances;
examination of such manufacturing processes, materials and substances as are likely to cause
environmental pollution;
• carrying out and sponsoring investigations and research relating to
• problems of environmental pollution; inspection of any premises, plant, equipment,
machinery, manufacturing or other processes, materials or substances and giving, by order.