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Prakash Yedhula (Lawyer)     17 January 2008

Pollution Laws

Following is a list of the environmental legislations that have come into effect:
 
┬º         General
 
1986 ΓÇô The Environment (Protection) Act authorizes the central government to protect and improve environmental quality, control and reduce pollution from all sources, and prohibit or restrict the setting and /or operation of any industrial facility on environmental grounds.
 
1986 ΓÇô The Environment (Protection) Rules lays down procedures for setting standards of emission or discharge of environmental pollutants.
1989 ΓÇô Hazardous waste (Management and Handling) Rules objective is to control generation, collection, treatment, import, storage and handling of hazardous waste.
 
1989 ΓÇô The Manufacture, Storage and Import of Hazardous Chemical Rules defines the terms used in this context, and sets up an Authority to inspect, once a year, the industrial activity connected with hazardous chemicals and isolated storage facilities.
 
1989 ΓÇô The Manufacture, Use, Import, Export and Storage of hazardous Micro-organisms/ Genetically Engineered Organisms or Cells Rules were introduced with a view to protect the environment, nature and health, in connection with the application of gene technology and micro organisms.
1991 ΓÇô The Public Liability Insurance Act and Rules and Amendment, 1992 was drawn up to provide for public liability insurance for the purpose of providing immediate relief to the persons affected by accident while handling any hazardous substance.
 
1995 ΓÇô National environmental Tribunal Act has been created to award compensation for damages to persons, property and the environment arising from any activity involving hazardous substances.
 
 
1997 ΓÇô The National Environment Appellate Authority Act has been created to hear appeals with respect to restrictions of areas in which classes of industries etc are carried out or prescribed subject to certain safeguards under the EPA (Environment Protection Act).
 
1998 ΓÇô Biomedical waste (Management and Handling) Rules is a legal binding on the health care institutions to streamline the process of proper handling of hospital waste such as segregation, disposal, collection and treatment.
 
 
┬º        Forest and wildlife
 
1927 ΓÇô Indian Forest Act and Amendment 1984 is one of the many surviving colonial statutes. It was enacted to ΓÇÿconsolidate the law related to forest, the transit of forest produce and the duty leviable on timber and other forest produce.
 
1972 ΓÇô Wildlife Protection Act, Rules 1973 and Amendment 1991 provides for the protection of birds and animals and for all matters that are connected to it whether it be their habitat or the waterhole or the forest that sustain them.
 
1980 ΓÇô The Forest (Conservation) Act and Rules 1981 provides for the protection of and the conservation of the forests.
 
 
┬º        Water
 
1882 ΓÇô The Easement Act allows private rights to use a resource i.e. groundwater, by viewing it as an attachment to the land. It also states that all surface water belongs to the state and is a state property.
 
1897ΓÇô Indian Fisheries Act establishes two sets of penal offences whereby the government can sue any person who uses dynamite or other explosive substance in any way (whether coastal or inland) with intent to catch or destroy any fish or poisons fish in order to kill.
 
1956 ΓÇô The River Boards Act enables the states to enroll the Central Government in setting up an Advisory River Board to resolve issues in inter state cooperation.
1970 ΓÇô Merchant Shipping Act aims to deal with waste arising from ships along the coastal areas within a specified radius.
 
1974 ΓÇô The Water (Prevention and Control of Pollution) Act establishes an institutional structure for preventing and abating water pollution. It establishes standards for water quality and effluent. Polluting industries must seek permission to discharge waste into effluent bodies.
The Pollution Control Board (CPCB) was constituted under this act.
 
1977 ΓÇô The Water (Prevention and Control of Pollution) Cess Act provides for the levy and collection of cess or fees on water consuming industries and local authorities.
 
1978 ΓÇô The Water (Prevention and Control of Pollution) Cess Rules contains the standard definitions and indicate the kind of and location of meters that every consumer of water is required to affix.
 
1991 ΓÇô Coastal Regulation Zone Notification puts regulations on various activities, including construction, are regulated. It gives some protection to the backwaters and estuaries.
 
┬º        Air
 
1948 ΓÇô Factories Act and Amendment in 1987 was the first to express concern for the working environment of the workers. The amendment of 1987 has sharpened its environmental focus and expanded its application to hazardous processes.
 
1981 ΓÇô Air (Prevention and Control of Pollution) Act provides for the control and abatement of air pollution. It entrusts the power of enforcing this act to the Central Pollution Control Board.
 
1982 ΓÇô Air (Prevention and Control of Pollution) Rules defines the procedures of the meetings of the Boards and the powers entrusted on them.
 
1987 ΓÇô Air (Prevention and Control of Pollution) Amendment Act empowers the central and state pollution boards to meet with grave emergencies of air pollution.
 
1988 ΓÇô Motor Vehicles Act states that all hazardous waste is to be properly packaged, labeled and transported.
 
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 2 Replies

soulofvalbooj (n/a)     18 January 2008

thankq sir.....

mayilsamy n (student)     29 September 2011

Should local bodies obtain consent order to construct / alter  and operate a public drainage system ?


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