Course: BHMCT Semester: II

Subject Name: ENVIRONMENTAL SCIENCE (BHMCT 206)

Unit 4: Environment Legislation

Introduction to legal and Regulatory Framework

Regulatory frameworks are legal mechanisms that exist on national and international levels.
They can be mandatory and coercive (national laws and regulations, contractual obligations)
or voluntary (integrity pacts, codes of conduct, arms control agreements). Together they form
a legal background against which anti-corruption efforts are measured. The existence of these
frameworks is a pre-requisite for fighting corruption.

Environmental Legislation in India

The need for the protection and conservation of the environment and the sustainable use of
natural resources is reflected in the constitution of India as well as in the international
commitments of India. The Indian Constitution under Part IVA (Art 51AFundamental Duties)
gives upon the citizens of India a duty to protect and improve the natural environment
including forests, rivers, lakes and wildlife and also to have compassion for living creatures.
Further, under Part IV (Art 48A-Directive Principles of State Policies) of the Constitution of
India, State shall endeavour to protect & improve the environment and safeguard the forests
and wildlife of the country. Several legislations on Environmental protection existed even
before India got its Independence. However, the true pace for putting in force a well-
developed framework came only after the UN Conference on the Human Environment
(Stockholm, 1972). Post this Conference, the National Council for Environmental Policy and
Planning was set up in 1972 within the Science and Technology Department of the
Government of India with an aim for establishing a regulatory body for the overview of the
environmental-related issues. This Council was later converted into the Ministry of
Environment & Forests (MoEF). MoEF was established in 1985, is the nodal administrative
body in India with the task to regulate and ensure the environmental protection and further
laying down the legal and regulatory framework to accomplish its task. Since the 1970s,
many environment-related legislation has come up.
The Air (Prevention and Control of Pollution) Act of 1981
The Air (Prevention and Control of Pollution) Act of 1981, or the Air Act, in short, was a law
passed by the Parliament of India to prevent and control the harmful effects of air pollution in
India. This act is seen as the first concrete step taken by the government of India to combat
air pollution.

The act aims to control and prevent air pollution in India. It got amended in 1987. Its main
objectives are as follows:

● To provide for prevention, control and abatement of the air pollution.

● To provide for the establishment of the boards at the central and state levels with a

view to implementing the Act (Central Pollution Control Board and State Pollution
Control Board),

● To confer on the Boards the powers and duties to implement the provisions of the act.

● The states should prescribe emission standards for industry and automobiles after

consulting the central board and seeing its ambient air quality standards.

● It states that the sources of air pollution such as Internal combustion engine, industry,

vehicles, power plants, etc., are not permitted to release particulate matter, lead,
carbon monoxide, sulphur dioxide, nitrogen oxide, volatile organic compounds
(VOCs) or other toxic substances beyond a predetermined limit.

● It also empowers the State Government to designate air pollution areas. They have to

prescribe the type of fuel to be used in these designated areas.

● According to it, it is required the consent of the State Board to operate certain types of

industries including the asbestos, cement, fertilizer and petroleum industries.

The following are the definitions under the Air (Prevention and Control of Pollution)
Act.
 ● Section 2(a) defines an ‘air pollutants’ as any solid liquid or gaseous substance which
may cause harm or damage the environment, humans, plants, animals or even damage
property. A 1987 amendment to the act also added ‘noise’ in the list of harmful
substances.

● The air act defines ‘air pollution’ as the presence of any dangerous pollutant that
makes the air unbreathable

● Section 2 (g) of the Act also set up the Central Pollution Control Board
(CPCB) whose powers extended to the whole of India. To carry out the directives of
the CPCB the act also called for the setting up of the State Pollution Control Board
(SPCB) for the individual states of India

Penalties and Procedure under the Air Act

The failure to comply with the Central Pollution Control Board directives would result in
imprisonment of 1 year. It can be extended to 6 years with a fine with the additional fine of
5000Rs per day added provided the directives are still not met.

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

About Water (Prevention & Control of Pollution) Act, 1974

▪ Water (Prevention & Control of Pollution) Act, 1974 is a comprehensive legislation that
regulates agencies responsible for checking on water pollution and the ambit of pollution
control boards both at the centre and states.

▪ The Water (Prevention & Control of Pollution) Act, 1974 was adopted by the Indian
parliament with the aim of prevention and control of Water Pollution in India.

Its objective is
 ● to provide prevention and control of water pollution o maintaining or restoring of

wholesomeness and purity of water in the various sources of water

● It vests regulatory authority in Centre Pollution Control Boards (CPCB) and State

Pollution Control Boards (SPCB).

● It empowers CPCB and SPCB to establish and enforce effluent standards for factories

discharging pollutants into water bodies.

● CPCB performs these same functions for Union Territories. It also formulates policies

related to the prevention of water pollution and coordinates activities of different State
Boards.

● SPCB control sewage and industrial effluent discharge by approving, rejecting or

impose conditions while granting consent to discharge.

The Noise Pollution (Regulation and Control) Rules, 2000

Short-title and commencement.
(1) These rules may be called the-Noise Pollution (Regulation and Control) Rules, 2000.
(2) They shall come into force on the date of their publication in the Official Gazette.
Definitions.- In these rules, unless the context otherwise requires,
(a) "Act" means the Environment (Protection) Act, 1986 (29 of 1986);
(b) "area/zone" means all areas which fall in either of the four categories given in the
Schedule annexed to these rules;
(c) "authority" means any authority or officer authorised by the Central Government, or as
the case may be, the State Government in accordance with the laws in force and includes a
District Magistrate, Police Commissioner, or any other officer not below the rank of Deputy
Superintendent of Police designated for the maintenance of the ambient air quality standards
in respect of noise under any law for the time being in force
(d) “court” means a governmental body consisting of one or more judges who sit to
adjudicate disputes and administer justice and includes any court of law presided over by a
judge, judges or magistrate and acting as a tribunal in civil, taxation and criminal cases ; (e)
“educational institution” means a school, seminary, college, university, professional
academies, training institutes or other educational establishment, not necessarily a charted
institution and includes not only buildings , but also all ground necessary for the
accomplishment of the full scope of educational instruction, including those things essential
to mental, moral and physical development; (f) “hospital” means an institution for the
reception and care of sick, wounded, inform or aged persons and includes government or
private hospitals, nursing homes and clinics; (g) “person” shall include any company, or
association or body of individuals, whether incorporated or not;] (e) "State Government" in
relation to a Union territory means the Administrator thereof appointed under article 239 of
the Constitution.

Responsibility as to enforcement of noise pollution control measures.

(1) The noise levels in any area/zone shall not exceed the ambient air quality standards in
respect of noise as specified in the Schedule.
(2) 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.
5. Restrictions on the use of loud speakers/public address system.
A. A loud speaker or a public address system shall not be used except after obtaining
written permission from the authority.
B. A loud speaker or a public address system 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.

(3). Notwithstanding anything contained in sub-rule (2), the State Government may,
subject to such terms and conditions as are necessary to reduce noise pollution,
permit use of loud speakers or public address systems during night hours (between
10.00.p.m to 12.00 midnight) on or during any cultural or religious occasion of a
limited duration not exceeding fifteen days in all during a calendar year.

Consequences of any violation in silence zone/area.

Whoever, in any place covered under the silence zone/area commits any of the following
offence; he shall be liable for penalty under the provisions of the Act:
i. whoever, plays any music or uses any sound amplifiers,
 ii. whoever, beats a drum or tom-tom or blows a horn either musical or pressure, or
trumpet or beats or sounds any instrument, or
iii. Whoever exhibits any mimetic, musical or other performances of a nature to 44raq
crowds.

The Environment Protection Act (EPA), 1986

India’s original Constitution did not contain any provision for the protection of the natural
environment. However, the Fundamental Duties, which were added by the 42nd Amendment
to the Constitution, prescribed the protection of the environment including forests, lakes,
rivers and wildlife as a duty of the citizens of the country.

These developments were a result of the United Nations Conference on Human Environment,
held in Stockholm in 1972. First, the Wildlife Protection Act, 1972 was enacted. Then, the
Water (Prevention and Control of Pollution) Act, 1974 was passed, followed by the Air
(Prevention and Control of Pollution) Act 1981. Then in 1986, the EPA was passed by the
Parliament, in the wake of the Bhopal Gas Tragedy, which occurred on Dec 2, 1984.

Aims and Objectives of the EPA

The chief aims and objectives of the Environment Protection Act, 1986 are listed below.

1. Implementing the decisions made at the United Nations Conference on Human

Environment held in Stockholm.

2. Creation of a government authority to regulate industry that can issue direct orders
including closure orders.

3. Coordinating activities of different agencies that are operating under the existing laws.

4. Enacting regular laws for the protection of the environment.

 5. Imposing punishments and penalties on those who endanger the environment, safety
and health. For each failure or contravention, the punishment includes a prison term
of up to five years or a fine of up to Rs. 1 lakh, or both. This can also be extended for
up to seven years in cases.

6. Engaging in the sustainable development of the environment.

7. Attaining protection of the right to life under Article 21 of the Constitution.

Main Provisions of Environment Protection Act

The EPA empowers the Centre to “take all such measures as it deems necessary” in the
domain of environmental protection.

● Under the law, it can coordinate and execute nationwide programmes and plans to
further environmental protection.

● It can mandate environmental quality standards, particularly those concerning the

emission or discharge of environmental pollutants.

● This law can impose restrictions on the location of industries.

● The law gives the government the power of entry for examination, testing of
equipment and other purposes and power to analyse the sample of air, water, soil or
any other substance from any place.

● The EPA explicitly bars the discharge of environmental pollutants in excess of

prescribed regulatory standards.

● There is also in place a specific provision for handling hazardous substances, which is
prohibited unless in compliance with regulatory requirements.

● The Act empowers any person, apart from authorised government officers, to file a
complaint in a court regarding any contravention of the provisions of the Act.