Environmental law and

practice in India
Environmental Law

Rageemah Samie 13-0478

Shaima Al Rawahi 12-0151

Course Coordinator/Instructor Dr. Hind Barghash

Abstract................................................................................................................................. 4

Environmental regulatory framework ..................................................................................... 4

Regulatory enforcement ........................................................................................................ 5

Environmental permits .......................................................................................................... 5

Integrated/separate permitting regime ............................................................................... 5

Single/separate permits..................................................................................................... 6

Permits and regulator ........................................................................................................ 6

Length of permit ................................................................................................................ 6

Penalties ........................................................................................................................... 6

Water pollution ...................................................................................................................... 8

Permits and regulator ........................................................................................................ 8

Prohibited activities ........................................................................................................... 8

Clean-up/compensation .................................................................................................... 8

Penalties ........................................................................................................................... 9

Air pollution ........................................................................................................................... 9

Permits and regulator ........................................................................................................ 9

Prohibited activities ........................................................................................................... 9

Clean-up/compensation .................................................................................................... 9

Penalties ......................................................................................................................... 10

Climate change, renewable energy and energy efficiency ................................................... 10

Parties to UNFCCC/Kyoto Protocol ..................................................................................... 10

Implementation ............................................................................................................... 10

Waste ................................................................................................................................. 11

Permits and regulator ...................................................................................................... 11

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 Prohibited activities ......................................................................................................... 11

Reporting and auditing ........................................................................................................ 12

Public registers ............................................................................................................... 12

Third party procedures .................................................................................................... 12

Reform ................................................................................................................................ 13

The regulatory authorities ................................................................................................... 13

Central Pollution Control Board (CPCB) .......................................................................... 13

State Pollution Control Boards (SPCBs) .......................................................................... 14

Ministry of Environment and Forests (MoEF) .................................................................. 14

Bibliography ........................................................................................................................ 15

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Abstract

An overview of the environment law in India and focusing on the main problems such as

emissions to air and water, environmental effect evaluations, discharges, polluted lands and

ecological problems. Moreover, responses to inquiries is possibly contrasted over various

jurisdictions with the aid of the management of cross-border transactions.

Environmental regulatory framework

The fundamental environmental laws contain:

Water Act (1974) that focuses on prevention and controlling water from being

contaminated, which also involves the powers, functions and hierarchy of the

environmental organization such as the Central Pollution Control Board (CPCB) and

the state pollution control boards (SPCBs).1

Air Act (1981) that focuses on preventing emissions and controlling them from

contaminating the air.

Environment Protection Act (1986) which allows the authorized government to take all

the precautions methods to improve the environment and to prevent, control and

reduce environmental pollution. A wide range of regulations and precaution methods

were taken place under the environmental protection Act which includes:

Hazardous Wastes Act (2008) for management and handling hazardous waste2:

Management and Handling of E-waste regulations (2011).

Manufacture, Storage and Import of Hazardous Chemicals Rules (1989).

Regulations for the Production, Consumption, Import, Export and Storage of

Hazardous Micro-Organisms and Genetically Engineered Organisms of Cells

(1989).

Emergency Planning, Preparedness and Response of chemical accidents

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 regulations (1989).

Regulation and Control of Ozone-Depleting Substances regulations (2000).

Management and Handling of Batteries Regulations (2001).

Coastal Regulation Zone Notification (1991).

Environment Impact Assessment Notification (2006).

Protection of wildlife Act (1972).

Conservation of forests Act (1980).

Biodiversity Act (2002).

Public Liability Insurance Act (1991).

National Green Tribunal Act (2010).

The principle environmental enforcement organization are the Central Pollution Control Board

and the state pollution control boards. In the beginning they were under the Water Act.

Nonetheless, the extent of their power now incorporates the enforcement of the Air Act,

different standards received beneath the Environmental Protection Demonstration, etc.,

unless a particular authority has been set up under the guidelines.

Regulatory enforcement

The documentation of enforcement by the state pollution control boards changes crosswise in

different regions. Environmental organizations are more dynamic and thorough in states with

much elevated business, for example, Maharashtra, Gujarat, Karnataka, Delhi and Chennai3.

Environmental permits

Integrated/separate permitting regime

Elements of both the Water Act and the Air Act about trigger their activities and in addition a

common consent application the Hazardous Waster Rules can be applied to.

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Single/separate permits

Certain exercises only a solitary permit is required (for instance, sending out hazardous

waste). An element can in this manner under the applicable laws/rules apply for a permit.

Permits and regulator

A consent to establish (CTE) is essential for Activities represented by environmental laws from

the significant SPCB. Normally, a CTE is allowed for four years. A person whose entitled for

the positions should apply for a consent to operate (CTO), which is renewed annually.

Length of permit

Permits are given for the following terms4:

CTE: four years.

CTO: one year (renewed every year)

Penalties

Different damages have different assigned penalties, a show cause notice (SCN) in breach of

the CTO is initially issued to the entity, that offers its advantage of presenting its case. The

SCN is trailed by an individual hearing. Accordingly, Power and water supply can have

disengaged from an entity by the important SPCB, if any environmental laws or permit

conditions was violated by the entity by choice.

Different environmental laws contain distinctive penalty provisions including:

Non-compliance with environmental permit.

Any individual who breach a permit allowed under the Water Act or the Air Act is liable to
both:
Minimum imprisonment of one and a half years and a maximum of 6 years; and

A fine compliant with amount of violation.

Non-compliance with closure direction.

Any individual who neglects to comply to a closure direction or stoppage (of power and water)

heading is liable to both (Water Act; Air Act):

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 Minimum imprisonment of one and a half years and a maximum of 6 years; and

A fine compliant with amount of violation.

If the entity doesnt follow up with the regulation a fine of INR5,000 will be

enforced for each single day the entity doesnt comply with the regulations.

Other specific offences. Water Act and the Air Act also lay under different offences

which is set under them, including5:

Failing to give obliged data to the SPCBs;

Failing to report an accident;

Knowingly or wilfully creating a statement that is false;

Wilfully messing with the observing equipment.

The above offenses are enforced if the entity fails to comply with them and a maximum of

three months imprisonment or a fine of INR10,000 or both.

Residuary penalty.

Any individual who breaches any provisions of the Water Act or the Air Act, or who neglects

to agree to any request or direction, for which no particular punishment has been given, a

maximum of three months imprisonment or a fine of INR10,000 or both.

As the Environmental Protection Act acts as the shed the various guidelines received under

it, any violation of the rules is liable to a maximum prison time of 5 years or a fine to a greatest

of INR100,000, or both (area 15, EP Act). The principles are in connection to, for instance6:

Hazardous waste.

e-waste.

Solid waste management.

Hazardous micro-organisms.

Genetically engineered organisms.

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Water pollution

Permits and regulator

A consent permit is acquired when (section 25, Water Act):

Establishing or taking any required steps for establishing an industry , operation or

process, or any treatment and discharge system or an extension or addition to it that

is likely to discharge sewage or trade effluent into a stream, well, sewer or on land7.

Utilizing new altered outlets for discharging sewage.

Productions of any new discharge units of sewage.

Prohibited activities

Generally, any indivual in an industry is prohibited to to discharge, emit, and permit to

discharge or emit any environmental contaminant in excess of prescribed standards (section

7, EP Act). It is also prohibited to handle or cause to be handled any hazardous substance

except in compliance with the prescribed procedures and complying with prescribed

safeguards (section 8, EP Act).

Clean-up/compensation

SPCBs can8:

Take samples of sewage and trade effluents.

Enter and inspect the permit holder's property.

Terminating the supply of water/electricity if directed are not followed accordingly.

Give instructions to the permit holder to clean up on-site and off-site pollution caused

by it.

Typically, SPCBs can demand from the entities to ensure compliance a document from the

bank which sets us a guarantee. SPCBs to control captured pollution can make an application

to the courts ((containment order) of water in streams or wells. The court can likewise

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coordinate SPCBs to clean up the contamination. SPCBs can make up for their clean-up

expenses from the entity that brought about the contamination. (section 33, Water Act).

Penalties

Any individual who neglects to comply with or violates the environmental protection Act or its

regulation or the requests and instruction will be sentenced for imprisonment for a maximum

of 5 years and a maximum fine of INR100,000 or both.

Air pollution

Permits and regulator

No industrial plant can be manufactured or operated in an air pollution control area without a

permit of the relevant SPCBs (section 21, Air Act). Typically, water and air pollution-related

permits are obtained jointly.

Prohibited activities

Any individual working an industrial plant in an air pollution control area shouldnt release or

cause or allow air contaminants in surplus of the standard set by CPCB or the SPCBs (section

22, Air Act).

Clean-up/compensation

The conditions of the environmental permit and pertinent standards must be compliance with

the SPCBs supervise. They can issue SCNs to permit holders.

SPCB officers may:

Enter and examine properties.

Take tests (under the procedure set out in the Air Act).

Issue closure notices.

SPCBs can demand the recover and clean up of air contaminants expenses from the

substance that brought on the contaminants. Outsiders can simply look for damage caused

by the compensation of the courts.

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Penalties

Any individual who does not consent to directions issued by SPCBs is liable to imprisonment

for at least one year and six months (section 37, Air Act). Nonetheless, this can stretch out to

six years and a fine. Be that as it may, it is not determined under the Air Act when this extended

term would emerge and it is in this manner at the court's attentiveness relying upon the

seriousness of the case. Any individual who submits certain particularly counted acts under

the Air Act is subject to imprisonment for a maximum of three months or a fine that can be up

to INR10,000, or both (sections 37 to 40, Air Act).

Climate change, renewable energy and energy efficiency

A regional activity plan on climate changes was dispatched on the 30th of June 2008 which

concentrates on these subjects9:

Solar.

Enhanced energy efficiency.

Sustainable habitat.

Water.

Sustaining the Himalayan ecosystem.

A green India.

Sustainable agriculture.

Strategic knowledge for climate change.

Parties to UNFCCC/Kyoto Protocol

The UN Framework Convention on Climate Change and the Kyoto Protocol was ratified by

India on 1993 and 2002.

Implementation

On the other hand, India is not an Annex-I country10 and won't participate in the adaptability

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10 Parties include the industrialized countries that were members of the OECD

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systems was for developed countries. India is as of now a main host country of clean

development mechanism (CDM) investments, which empowers Annex-I countries to invest in

emission-reducing projects in developing countries.

There is no emission/carbon exchanging plan. Be that as it may, exchanging energy sparing

declarations was dispatched in October 2012.

Waste

Permits and regulator

For the most part, all waste-related matters are under the locale of SPCBs. Then again, import

and send out related matters are straightforwardly regulated by the Central Ministry of

Environment and Forests (MoEF).

The accompanying five primary classifications of discharges are administered by particular

guidelines:

Hazardous waste.

Radioactive waste.

Biomedical waste.

Municipal solid waste (applicable to municipal authorities only).

e-waste.

The significant law for organizations is documented in the HW Rules. Moreover, the e-Waste

Principles require privately owned businesses to take an interest in take-back plans composed

by makers of electrical and electronic equipment (EEE).

Prohibited activities

Anybody occupied with the accompanying, of the hazardous waste must be approved by the

pertinent SPCB (HW Rules)11:

Generation.

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 Processing.

Treatment.

Packaging.

Storage.

Transportation.

Use.

Collection.

Destruction.

Conversion.

Offering for sale.

Transfer.

Likewise, hazardous waste must be gathered, treated, reused, reprocessed, put away or

discarded just in facilities authorized by the important SPCB. It is restricted to take part in any

of these exercises without SPCB endorsement.

Reporting and auditing

Public registers

Authorized governors keep record of environmental permits of polluted properties and

pertinent data. For instance, the status of environment clearance for applications got is

accessible on the MoEF12.

Third party procedures

As of now, there is no strategy for an outsider to look a privately owned business'

registers/records. On the other hand, outsiders can get data from the significant public

authorities about associations secured by the Right to Information Act 2005.

Environmental reports required for instance:

All industries must submit an environmental statement in the prescribed form

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 by 30 May each year (section 14, EP Act).

The financial year environmental audit report finishing 31 March of every year (Form V) must

be submitted to the significant SPCB by anybody occupied with an industry, operation or

process that required either:

Authorization under section 25 of the Water Act or section 21 of the Air Act, or both; or

Authorization under the HW Rules.

The reports should be submitted intermittently by organizations to the pertinent authorities

offering regular updating reports and data on different parts of environmental execution. The

data and records are examined and area investigations are finished by the pertinent

authorities/inspectors all the time.

Organizations must report environmental incidents to the pertinent authorities as required

under the appropriate ecological laws, for example, water pollution and soil pollution. The

authorities are not required to report environmental situations to the people.

Reform

From a substantive law point of view, the adoption of the e-Waste Guidelines 2011 and the

commencement of the trading in energy saving certificates (booked for 2013) are long

anticipated improvements and a trend to place domestic advancements at the same level as

improvements abroad. From a procedural point of view, the production of the NGT is

exceptionally noteworthy, with its aspiration to assume control the majority of environment

related matters from the civil courts. It is expected that case law created by the NGT will turn

into the primary main force in further extending environment law and key issues in

environmental law.

The regulatory authorities

Central Pollution Control Board (CPCB)

Main activities. The CPCB embraces across the nation rules and goes about as an interface

in the middle of government and state pollution control boards (SPCBs).

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State Pollution Control Boards (SPCBs)

Main activities. Each region in India has SPCB, from which organizations in the separate

states must get their environmental permits.

Ministry of Environment and Forests (MoEF)

Main activities. The MoEF oversees all import and send out related activities that can affect

the environment, for instance, import/fare of hazardous wastes for which former endorsement

must be acquired from the MoEF. The MoEF is likewise the principle office for the

implementation of multilateral environmental agreement. The MoEF's site is an outstanding

source of duplicates of domestic environmental laws and data on India's position on universal

environmental matters.

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Bibliography

1. Environmental Lawyers and Law Firms in India. (1995). Retrieved January 14, 2016,

from HG Legal resources: http://www.hg.org/law-firms/environmental-law/india.html

2. (ELDF), E. L. (2012). Environment Law and Development Foundation (ELDF).

Retrieved January 14, 2016, from eldfindia: http://www.eldfindia.org

3. Environmental Law. (n.d.). Retrieved January 14, 2016, from Sonosky :

http://www.sonosky.com/practices-Environmental-Law.html

4. Reuters, T. (2016). Environmental law and practice in India: overview. Retrieved

January 15, 2016, from Practical Law: http://uk.practicallaw.com/0-503-2029

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