The Water (Prevention and management of Pollution) Act, 1974
The Water hindrance and management of Pollution Act, 1974 (the "Water Act") has been enacted to provide for the prevention and control of water pollution and to maintain or restore wholesomeness of water in the country. It more provides for the institution of Boards for the hindrance and management of pollution with a read to hold out the aforementioned functions. The Water Act prohibits the discharge of pollutants into water bodies on the far side a given customary, and lays down penalties for non-compliance. At the Centre, the Water Act has found out the CPCB that lays down standards for the hindrance and management of pollution. At the State level, SPCBs function under the direction of the CPCB and the State Government.
Further, the Water (Prevention and management of Pollution) Cess Act was enacted in 1977 to supply for the levy and assortment of a cess on water consumed by persons operational and carrying on certain types of industrial activities. This cess is collected with a view to augment the resources of the Central Board and the State Boards for the prevention and control of water pollution constituted under the Water Prevention and management of Pollution Act, 1974. The Act was last amended in 2003.
The Environment Protection Act, 1986
The setting Protection Act, 1986 (the "Environment Act") provides for the protection and improvement of setting. The setting Protection Act establishes the framework for learning, coming up with and implementing long-run necessities of environmental safety and egg laying down a system of speedy and adequate response to things threatening the environment. It is associate degree umbrella legislation designed to produce a framework for the coordination of central and state authorities established below the Water Act, 1974 and therefore the Air Act. The term "environment" is known terribly} very wide term under s 2(a) of the setting Act. It includes water, air and land likewise because the relation that exists between water, air and land, and citizenry, other living creatures, plants, micro-organisms and property.
Under the Environment Act, the Central Government is empowered to take measures necessary to protect and improve the quality of environment by setting standards for emissions and discharges of pollution in the atmosphere by any individual carrying on AN trade or activity; regulation the situation of industries; management of unsafe wastes, and protection of public health and welfare. From time to time, the Central Government problems notifications below the setting Act for the protection of ecologically-sensitive areas or problems pointers for matters below the setting Act.
In case of any non-compliance or contravention of the Environment Act, or of the rules or directions under the said Act, the violator will be punishable with imprisonment up to five years or with fine up to Rs 1,00,000, or with both. In case of continuation of such violation, an additional fine of up to Rs 5,000 for every day during which such failure or contravention continues after the conviction for the first such failure or contravention, will be levied. Further, if the violation continues on the far side a amount of 1 year when the date of conviction, the bad person shall be punishable with imprisonment for a term which can extend to seven years.
Hazardous Wastes Management Regulations
Hazardous waste implies that any waste that, by reason of any of it is physical, chemical, reactive, toxic, flammable, explosive or corrosive characteristics, causes danger or is perhaps reaching to cause danger to health or setting, whether or not alone or once connected with alternative wastes or substances.
There are several legislations that directly or indirectly deal with hazardous waste management. The relevant legislations area unit the Factories Act, 1948, the general public insurance Act, 1991, the National Environment Tribunal Act, 1995 and rules and notifications under the Environmental Act. Some of the principles addressing unsafe waste management square measure mentioned below:
Hazardous Wastes (Management, Handling and Transboundary) Rules, 2008, brought out a guide for manufacture, storage and import of hazardous chemicals and for management of hazardous wastes.
Biomedical Waste (Management and Handling) Rules, 1998, were developed on parallel lines, for correct disposal, segregation, transport, etc, of infectious wastes.
Municipal Solid Wastes (Management and Handling) Rules, 2000, aim at sanctioning municipalities to dispose municipal solid waste in a very scientific manner.
In view of the short-comings and overlapping of some categories causing inconvenience in implementation of the Biomedical Waste (Management and Handling) Rules, 1998 as well as the Municipal Solid Wastes (Management and Handling) Rules, 2000, the Ministry of atmosphere, Forest and global climate change has developed the draft Bio-Medical Waste (Management & Handling) Rules, 2015 (Draft BMW Rules) and therefore the draft Solid Waste Management Rules, 2015 (Draft SWM Rules) and sought-after comments on the draft Rules.
The Draft BMW Rules are to replace the Biomedical Waste (Management and Handling) Rules, 1998, and the Draft SWM Rules are to replace the Municipal Solid Waste (Management and Handling) Rules, 2000. The objective of the Draft BMW Rules is to modify the prescribed authorities to implement the principles additional effectively, thereby, reducing the bio- medical waste generation and also for its correct treatment and disposal and to make sure environmentally sound management of those wastes, and the Draft SWM Rules aim at dealing with the management of solid waste including it segregation at supply, transportation of waste, treatment and final disposal.
E - Waste (Management and Handling) Rules, 2011 are notified on First of May, 2011 and came into impact from First of May, 2012, with primary objective to scale back the employment of venturous substances in electrical and equipment by specifying threshold to be used of venturous material and to channelize the e-waste generated within the country for environmentally sound usage. The rules apply to all shopper,producer, collection centre, dismantler , sale, purchase and processing of electrical, electronic equipment and components as detailed in the rules.
Batteries (Management & Handling) Rules, 2001 deal with the proper and effective management and handling of lead acid batteries waste. The Act requires all manufacturers, assemblers, re-conditioners, importers, dealers, auctioneers, bulk consumers, consumers, involved in manufacture, processing, sale, purchase and use of batteries or components thereof, to comply with the provisions of Batteries (Management and Handling) Rules, 2001.
Other Laws Relating to Environment
In addition, there area unit several different laws concerning surroundings, namely –
The Wildlife Protection Act, 1972
The Wild Life (Protection) Act, 1972 was enacted with the target of effectively protective the wild lifetime of this country and to regulate cookery, smuggling and illegal trade in wildlife and its derivatives. The Act was amended in January 2003 and punishment and penalty for offences under the Act have been made more stringent. The Ministry has projected more amendments within the law by introducing additional rigid measures to strengthen the Act. The objective is to supply protection to the listed vulnerable flora and fauna and ecologically necessary protected areas.
The Forest Conservation Act, 1980
The Forest Conservation Act 1980 was composed to help conserve the forests of country. It strictly restricts and regulates the de-reservation of forests or use of forest land for non-forest purposes without the prior approval of Central Government. To this finish the Act lays down the pre-requisites for the diversion of forest land for non-forest functions.
The regular Tribes and completely utterly completely different ancient Forest Dwellers (Recognition of Forest Rights) Act, 2006, recognises the rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers over the forest areas inhabited by them and provides a framework for according a similar.
The Indian Forest Act, 1927 fix the law relating to forests, the transit of forest-produce and the duty leviable on timber and other forest-produce.
Public Liability Insurance Act, 1991
The Public insurance Act, 1991 was composed to provide for damages to victims of an accident which occurs as a result of handling any hazardous substance. The Act applies to any or all house owners related to the assembly or handling of any venturous chemicals.)
The Biological Diversity Act, 2002
The Bbiological Diversity Act, 2002 was born out of plan of India to realise the objectives enshrined among the earth organization Convention on Biological Diversity 1992. The Act aims at the conservation of biological resources and associated information still as facilitating access to them in an exceedingly property manner. The National diverseness Authority in Chennai has been established for the needs of implementing the objects of the Act.
Coastal Regulation Zone Notification
The Ministry of surroundings and Forests had issued the Coastal Regulation Zone Notification vide Notification no. S O. 19(E), dated January 06, 2011 with associate degree objective to confirm sustenance security to the fishing communities and different native communities living within the coastal areas, to conserve and shield coastal stretches and to market development in an exceedingly property manner supported scientific principles, taking under consideration the hazards of natural hazards within the coastal areas and water level rise due to global warming.
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