Environmental Legislations

UN Conference on Human Environment

The historical conference on Human Environment was held in Stockholm from 5th June to 16th June 1972. It was the first global recognition that the environment was endangered and the governments and the industry had to collectively put in an effort to protect the environment.

The Conference called upon Governments and peoples to exert common efforts for the preservation and improvement of the human environment.
For the first time the developed countries realized that they had completely ignored the impact on the environment during their rapid development. and other natural resources of the world. The United Nations General Assembly laid down as many as 26 principles in the Conference held at Stockholm in 1972.

Environmental Legislations
Environmental Protection Act 1986
Concept behind Act borrowed from proclamation adopted by UN conference on Human Environment 5th to 16th June 1972 Stockholm

Chapter I
Chapter II Chapter III

Preliminary Sec 1&2

General powers of Central Govt. Sec 3-6 Prevention, Control and Abetment of Environmental Pollution. Sec 7-17 Miscellaneous 8 -16

Chapter IV

Environmental Legislations
The Water (Prevention and Control Act) , 1974
Water being a State Subject, Parliament can exercise the power to legislate on water only under Article 252 of Const Of India. Chapter I Chapter II Chapter III Chapter IV Chapter V Chapter VI Chapter VII Preliminary Sec 1&2 Central and State boards for prevention and control of water. Sec. 3-12 Joint Board Sec 13-15 Power and functions of board Sec 16-18 Prevention and control of water Sec19-33 Fund Accounts and Audit Sec 34-40 Penalties and procedure Sec 41-50 Chapter VIII Miscellaneous Sec 51 -64

Environmental Legislations
The Air (Prevention and Control Act) 1981
Chapter I Chapter II Preliminary Sec 1&2 Central and State boards for prevention and control of Air. Sec. 3-15

Chapter III
Chapter IV Chapter V Chapter VI Chapter VII

Power and functions of board Sec 16-18

Prevention and control of water Sec19-31 Fund Accounts and Audit Sec 32-36 Penalties and procedure Sec 37-46 Miscellaneous Sec 47-54

Environmental Legislations
The Air (Prevention and Control Act) , 1981
Constitution of Central board : Appointed by Central govt. A Chairman Maximum 5 Officials Maximum 5 persons Maximum 3 non officials Maximum 2 representatives One Member Secretary Constitution of State board : Appointed by State Govt. Same as above. Joint Boards To be run by Central govt or two or more govts of adjoining states.

Environmental Legislations
The Air (Prevention and Control Act) , 1981
Functions of Central Board
Advise Central Board Coordinate Activities Provide Assistance Organize Training Campaigning and Media To perform functions of state boards during emergencies, in the interest of public. Publish handouts, bills and Technical literatures. Organize nation wide programmes

Functions of State boards

Same as above

Environmental Legislations
The Air (Prevention and Control Act) , 1981
Constitution of Central board : Appointed by Central govt. A Chairman Maximum 5 Officials Maximum 5 persons Maximum 3 non officials Maximum 2 representatives One Member Secretary Constitution of State board : Appointed by State Govt. Same as above. Joint Boards To be run by Central govt or two or more govts of adjoining states.

Environmental Legislations
The Forest Conservation Act 1980
1 2 3 3A 3B Short title, extent and commencement Restriction on the preservation of forests or use of forest land. constitution of advisory committee. Penalty for contraventions of the provisions of the Act. Offences by authorities and government departments.

4
5

Power to make rules.

Repeal and saving.

Environmental Legislations
Wild life protection Act
Objects 1 Decline of wild animals and birds : matter of concern 2 Wild animals and birds have become extinct 3 Protection afforded to wild life in national parks and Sanctuaries needs to be improved 4 Wild Birds and Animals Act 1912 has become outmoded. 5 State laws outdated and provide punishment not commensurate with the offences. 6 Existing laws relate to only hunting and do not address offences like Texidery, Trade off in wildlife and products derived there from 7 Existing laws neither adequate nor satisfactory

Environmental Legislations
Wild life protection Act
The Act seeks to 1 Constitute Wild life Board for each State. 2 Regulate hunting of wild animal and birds. 3 Laydown procedures for declaring areas as Sancuaries and National Parks. 4 Regulate posession, acquisition or transfer of, or trade in wild animals, animal articles, trophies and Texidermy. 5 Provide penalties for Contravention of the Act. 5A Constitution of National Board for Wild Life

Environmental Legislations
Wild life protection Act
Functions of National Board It shall be the duty of NB to promote the conservation and development of wild life and forests by such measures as it thinks fit. Without prejudice to the generality of foregoing provision, the measures reffered to therein may provide for : Making recommendations on setting up of of Sancuaries and National parks and on restricting activities in these area. Carrying out or causing to be carried out impact assesment of various projects and activities on wild life and its habitat. Receiving time to time progress made in the field of wild life conservation and suggesting ways to improve it.

Framing policies and advising on ways and means of promoting wild life conservation Preparing and publishing status report on wild and econtrolling poaching, illegal trade of wild life in country once in two years. life and its products.

Environmental Legislations
Noise Pollution ( Regulation and Control) Rule 2000

Noise : An ingredient of noise pollution u/s 2(1) a of Air Act 1981

mental imbalance besides affecting psychological health of human being.

Dictionary meaning : Loud confused Means defilement of atmosphere or sense less sound, capable of due to sound. causing physical and mental discomfort. Prolonged exposure to noise levels above 90 decibles can cause Unwarranted and unrhythemic. permanent deafness. Noise is slow agent of death. It causes hearing impairment and

Environmental Legislations
Noise Pollution ( Regulation and Control) Rule 2000

Kinds : Industrial noise, Urban Noise, that prayers to be performed by Rural Noise. disturbing the peace of another. Maulana mufti syed V. State of WB and others: It can not be said that use of microphone and loud speakers in "azaan " is integral and essential part of religion. Church of God (Full Gospel) in India V. KKR Majestic : No religion prescribes Right to freedom of speech Article 19(1)(a) speech includes right of not to speak and hear what you dont want. Right to silence and not to be forced to listen unwanted sounds.

Environmental Legislations
Criminal Remedies
Sec 133 : Conditional order for removal of Nuisance . There are certain categories of cases which can be addressed under Sec 133 of the code. 1973 1. The unlawful nuisance or obstruction to any way, river or channel, lawfully used by public or to a public place. 2. Construction of any building or disposal of any substance as is likely to occasion explosion or conflagration. 3. Conduct of any trade or occupation, or the keeping of any goods or merchandise, injurious to health or physial comfort of the community. 4. An unfenced tank, well or excavation near apublic way or place. 5. A dangerous animal requiring distruction, confinement or disposal.

Environmental Legislations
Criminal Remedies
When can be invoked and others. In case of emergency where public When demolition of building shall be put to great inconvenience justified : and shall suffer an irreparable injury Dangerous condition and if the enchroachment or nuisance is detorioration due to incassant rains. not removed. Occupations or trades injurious to Not invoked where obstruction or heath : nuisance has been in existence for Trades which are themselves a long period of time, but no legal bar injurious, no the trades in course of as such. which public nuisance might be Scope of section 133: Munciple committed. council Ratlam V. Vardhichand

Environmental Legislations
Civil Remedies
Damages To abate nuisance : Cases relating to pollution covered by a) Nuisance, b) Negligence, c) Strict liability.

Primary remedy is claim for damages. Covered under

Nominal damages Substantial damages Exemplary damages:
To compensate plaintiff and also to punish wrong doer in order to deter him for similar conduct in future. To compensate fairly for injury suffered

Environmental Legislations
Civil Remedies
Injunctions : Vital role in abating and d.) Perpetual OnjunctionTo prevent breach of preventing pollution. Where a person who has obligation, existing in favour of applicant, infringed or who is about to infringe the rights whether expressly or by implication and which of another , he is restrained from pursuing may arise from : such acts by way of injunctions. i) Contract a) Restrictive : Eg . A person is restrained for ii) In the nature of trust causing nuisance or to disturb some iii) Act complained of amounts to tort other persons right of easement. or civil wrong, b) Mandatory : Eg. Ordering defendant to take iv) may be any other legal obligation. down or remove a wall or other construction. Granted where damages do not provide c.) Temporary Injunction : To maintain status adequate relief, or where purpose is to prevent quo at a given date until trial on multiplicity of suit. merit concludes. Perpetual injunction : Only be granted by decree made at hearing and merits of suit.

Environmental Legislations
Constitutional Provisions
Directive principles of state policy
Article 48A: The state shall endeavor to protect and improve the environment and to safeguard the forests and wild life f the country. Through PIL, or through a letter on basis of article 21, duty under article 48A can be enforced. Cases: M.C.Mehta Vs. Union of India 1992 Tarun Vs. Union of India 1992 Satish Vs. State of Uttar Pradesh 1992

Fundamental Duties
Article 51A(g): To protect and improve natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.

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