Power and Procedure of NGT NGT is not bound by the procedure laid down by CPC but guided by the principles of natural justice NGT shall have the power to regulate its own procedure and not be bound by the Indian Evidence Act, 1872 NGT shall exercise powers of a Civil Court in respect of summoning enforcing attendance, examining on oath, receiving evidence on, affidavits, deciding matters ex-parte etc. and power to grant interim orders, injunctions tion of Greater Mumbai y. Ankita Sinha [2021 SCC The Supreme Court held that the NGT has suo moto powers to execute its functions under the NGT Act, 2010, pall apply, the. principle of sustainable principle and the ‘polluter pays. principle iples: Section 20). eePenalty for Non-compliance of the orders of NGT Penalty for Non-compliance of the orders of NGT Punishable with imprisonment upto three years or with fine not exceeding ten crore rupees, or with both, If non- compliance continues, an additional fine of Rs. 25,000 per day during the period contravention continues. For Companies: the fing muy extend up to twenty-five crore rupees, If non: compliance continues, additional fine of Rs. 1 lakh per day during the period contravention continues, B Givi cours are debarred o entrain disputes regarding any cgi for granting reli or compensation or restitution of property damaged Which may be under the Jurisdiction of the NT No injunction to be granted by any civil court in respect of any action or order ofthe Nor Givi, Couns jurisdiction is dcbared to, hear appeals in such cases where the decisions of the authorities are appealable betore the NOT Juris in (Section 29)Repeal and Savings (Section 38) The National Environment Tribunal Act, 1995 and The National Environment Appellate Authority (NEAA) Act, 1997 are repealed The National Environment Appellate Authority (NEAA) abolished, The functions of the NEAA to be subsumed in the NGT and pending appeals shall be transferred to NGT.PAU za eae CL) Important Judgments tn cop of oes einen Cosi Replton Zone CRZ) cece aed y the Eee Misi tPAU za eae CL) Extraneous Consideration of the NGT “This ppel reach against the order of te Nation Gren Tribunal drciag the State of Madhya Prades o onset no daar ou apy ovis thot Postion Un + suspension of repistation cenit + foe which any exe 10 e100 bah 8 opr of he moat + dapuscment oa ema whlch ny enond ox ato wi fae which aye hat NGT had no power ops uch nal A 2010 resto the sop enying wth theron ‘wing sping The Cou std ha whe x Sate ox Sater Res precio pealy thx pea ot ibe Stato 4 Sater Res an be inposcd, Whos State ques hg We ane sto ith sae & complying wit th rotirement of posetsing andor dipayng a valid PUC Caria canot be debs fom i eePAU za eae CL) Appellate Jurisdiction of NGT and Writ Jurisdiction of the High Court Tamil Nad Pollution Control Board v Strlie Industries () Lid. & Ors, AIR 2019 SC 1074 At least 13 people wee killed and seer injured doe to the preventive action ofthe pie om a prota spun environment pon bsg loge casos by th factory The Tamil Nad government state pollton contol boats, arene to sea and “permanety” close the mining group's The NGT had set aside the sate governments onder for clonueof the Seie copper plat, srying it was “non sstainble “unjust The state had, however, ved the Supreme Cou, tying the NGT bad “erooeouly” st aside various order passed by the TNPCD tne ear wit par to th Sterteplant Mt bad snd the tnbunal ba conseqesily dete the TNPCR to pe freah on ofeenewal of consent nd se seiation to bande bazardussobtances to Vent Li The bench allowed Tamil Nado's appeal npn the NGT onder on grows of mictaisbility ad sid the bulbs 20 Innediton fo onder feopening of th psa. t sid, "NGT is only confers ppelte jrsition fw aa odor passed in ‘rece of fis oppeal, Where ere is ch det, the NGT bas oo jurisdiction The Coust, beac, bod tht sace au appl wae pending befor the appli sutbuty when the NGT st aide tho oxi cer dated 09.04.2018, the NTs onder being coal outside its satory power oafred by the Water Ack the Ait At thd the NGT Act, woud bean order pasod without jorditon, ‘Te Cou, however, directed that i will be open forthe respondent ile awit petition i the High Court agains al dhe Morsai der 2PON Uae Za eA) Quantum of Compen: (The Schedule) Reimbursement of medical expenses incurred up to a maxismum of Rs. 12,500 in each ease. For fatal accidents th ‘lief will be Rs.25,000 per person in addition to reimbursement of medical expenses, ifany incurred on the victim up to a maximum of Rs. 12500. For permanent total or permanent partial disability or other injury or sickness, the relief will be (@) reimbursement of medical expenses incurred, if any. up to a maximum of Rs. 12.500 se and. (b) cash relief on the basis of percentage of disablement as certified by an authorized physician. The relief for total permanent disability will be Rs. For loss of wages due to temporary par capacity of the victim, there will be a fixed monthly relief not exceeding Rs. 1,000 per month up to a maximum of 3 months, provided the victim has been hospitalised for a period exceeding 3 days and is above 16 years of age Up to Rs.6,000 depending on the actual damage, for any damage to private property Total Relief-12500+25000+25000+3000-+6000=71,500PON Uae Za eA) Models of Environmental Regulation: Command and control mechanism ‘Command-and-control regulation lbas be cleaning up the environment proved as highly successful model in protecting and 11 requires that the environmental legislations must contain strict provision for the pollution activities, However, economists have pointed out certain difficulties with command-and-control enviroumental regulation, First, command-and-control regulation offers no incentive to improve the quality of the environment beyond the standard set by a particular law. Once the command-and-control regulation has been satisfied, polluters have zero economic incentive to do better, Second, command-and-control regulations are written by legislators and the Environmental Protection ‘Agency, so they are subject to compromises in the political process. Existing firms often angue—and Jobby—that stricter environmental standards should not apply to them, only to new firms that wish to start production. Consequently, real-world environmental laws contain certain loopholes, and exceptions. Critics of command-and-control regulation understand the goal of reducing pollution, but they question ‘whether this type of regulation is the best way to design policy tools for accomplishing tha, goal,PON Uae Za eA) Models of Environmental Regulation: Economic incentive mecha m This approach works towards preventing environmental problems by providing inducements to encourage polluting entities to reduce pollution. Incentive-based regulatory approaches are sometimes referred to a8 market-based approaches becalse the market, including private-sector companies, is driving the Through this approach, companies are rewarded for incorporating pollution, reduction into their business decisions, The rewards are typically some type of incentive-based approach, the companies are rewarded financially for ven lower pollution levels. Therefore, a benefit of the incentive-based is that it encourages the creation of innovative and cost-effective methods of pollution control These new methods can be adopted throughout an industry for greater gains in environmental protection. i eePON Uae Za eA) Consent Mechanism under Environmental Le; Ip order to contol Environmental pollution, the Legislations have declared certain areas as {Doition Contol Area" and the Legislations have ade i mandatory for an eaeprencur {0 obtain consent from he PCBs, to ran or exblish any industry or process. which discharges pollutants foto ar and polling the it ia an “Aur Pollution Conwol Area” PCBS aay elber Brant consent or reject fe application forrensons to be recorded in writing Generally, the Consent Application is disposed off within 4 months of receipt of the same. The consent can be obtained in two phases Prior Consent: Prior consent from the PCBs isto be obtained before establishing an industry oF process in any ‘Pollution Control Ax prior consent is generally grated with certain conditions and the said conditions can fusther be modified or new ones can be added. The PCBs may send their official for site visit and further information and clarification can be sought orally or in writing Consent to Operate: The second type of “Consent” is required from the PCBs once the industry of process plant is established by the entrepreneur With the required pollution control systems. Tie consent t0 operate is given Tor a particular period and it needs to be renewed regularly, i eeRAUL Za ee ACL) Categorizations for Industries onment, Forest and Climate gorizations for industries as On 5 March 2016, Minister of St Change (MoEFCC), Prakash Javadekai per the followi Pollution Index (PI) score betw Industries with Pollution Index score of 60 and abo Industries with Pollution Index score of 41 to 59: Orange cate Industries with Pollution Index score of 21 to 40: Gi Industries with Pollution Index score including and up to The industrial units / projects failing under Green Category and other units not covered up Red & Orange category oi units has been exempted trom Consent Management and need not apply for Consent tor Operate to the Board However, these units will have to provide pollution control devices depending upon their process and activities, These industrial units/projects shall be governed by self regulatory regime and would not be permitted to pollute the environment. i enRAUL Za ee ACL) Consent to Operate (CTO) for Red and Orange Category units The new units after installation of their project are required to obtain consent to operate under Water Act, 1974 and Air Act, 1981 botore Starting even tial prodictign m Such industrial units shall apply for consent to operate through Online, Consent Management and’ Monitoring "System (OCMMS) under. the, provisions. of the Water (Prevention & Control of Pollution) Act, 1974, Air Prevention & Control of Pollution) Act, 1981 respectively. In case the unit is covered under Hazardous & Other Waste (Management, Transboundary & Movement) Rules, 2016, it shall simultaneously apply for the same. For hazardous waste application, no fee is required to be deposited Restrictions on new outlet d new discharges jon regarding existing discharge of sewage or trade effluent. Refusal or withdrawal of consent by State Board. Appeals against the order of the State Board, i enRAUL Za ee ACL) Restrictions on new outlets and new discharges Subject tothe provisions of this section, no person shall, without the previous consent of the State Board, (a) establish of take any. steps to establish any industry, operation or process, or any ‘and disposal system or any extension or addition thereto, which is likely to wage or trade eflient info a stream or well or sewer or on land (such being herealter mn this section referred to as discharge of sewage): or (6) bring into use (©) begin o make any new discharge of sewage: Provided that «person jn the proces of taking any'steps te establish any industry, operation or process immediately belore the Commencement of the Water (Prevention ahd Cont of Pollution) Amendment Act to do'sa for a petiod of three months irom such commencement or, i He hax made 8, pplication for such consent, within the said period of thres months, til the disposal of Sth application, An application for consent of the State Board under sub-section (1) shall be made in, such foray Goniain such particulars and shall be accompanied by such foes as may be prescribed. new or altered outlet for the discharge of sewage; or i eonConsent to Operate (CTO) for Red and Orange Category units The new units after installation of thee project, are required to obtain consent 10 operate under Water Act, 1974.and AirAct, 1981 before startng even tral production Ss ee ta hl sais tec Norah Cetin So Morag Sach nda ani sh al fr gest ope mu ln, Cone Mame RSISHRE AY sion Coma ot iy oes tn ook § sores pes Eamets & ction ee (Momsen, Snir & Movement) Rules, 3016, it shall simultaneously apply for the same For hazardots Waste application, ho fee ts required fo be deposited és Ea Jellvion) Act, 1981 respectively Restrictions on new outlets and new discharges (Section 21 of Ar Act & Section 25 of Water st) Provision regarding existing discharge of sewage or trade effluent (Section 26 of Water Act). Refusal or withdrawal of consent by State Board (Section 27 of Water Act ). Appeals against the order of the State Board (Section 31 of Air Act & Section 28 of Water Act).ETA u uae eZ }3-03 20:47 GMT-8) Consent to Establish and Consent to Operate To check the status regarding installation of pollution control measures’ devices undertaken at the time of obtaining the CTE, inspection_of the industry will be carried out by the authorized officer/ officers of the Board before commissioning of the production in the unit and before giving the first CTO. After grant of the first CTO / authorization, the inspection of the unit will be carried out by the authorized officer within a period of 3 months of grant of first CTO for collection of samples of effluent/ air emissions) noise in case sampling is required. In case the analysis report of samples of Air! effluent/ noise so collected are found complying the standards prescribed under EP Rules, 1986, the first CTO so granted will remain valid for the period of CTO for which it has been granted but in case of failure of sample the first CTO so granted will be revoked/ cancelled after following the due procedure.STRAW Cue za ce PAL) Validity of Consent to Operate Validity of period of consent to operate for Red Category, of industries/projects is 5 years whereas for Orange Category of industiey projects is 10 Years under Water Act, 974 and Air Act, 1981 ‘The authorization, under Hazardous Waste Management Rules shall be granted for S years as rovided in the Rules. The industries / projects shall bs at iberty to apply for consent to operate for fesser period als. The units will be at, liberty to deposit the full applicable fee for consent to operate for the whole period prescribed depending” upon theic eslegory” However the tees for consent 10 ‘porate can be" deposited by the industries in certain instalments as well 1. Red category industies: For the First 03 years, at the time of filing of application and for the maining 02 years belore ending the 3rd year 2. Orange category industries: For the First 04 years, a the time of filing o gs belore ending the 4h year and for the eaining 03 y plication, for next 03, In case the rates of consent fees are revised during the period of consent to operate and the unit has ‘pied to deposit the consent fees. inthe installments then Such units wall have to deposi the consent foal the revised /enhancod rates forthe remaining period from th date of revision of tho consent However, the units which have opted to, deposit the fill consent fees at the time of filing the applicatin for consent (opfate will Bot be able fo pay the revised. / enhanced consent jes in case the consent fee is enhanced during the period of cansent to operat, ee er)Renewal of Consent to Operate There, will be provision of auto renewal of CTO as per poljey of the Board framed in this regard, but there Will be no requirement of inspection of industries "at the time. of Fenewal of CTO in case the unit submits the’ analysis reports of effluent, ar emissions land noise as applicable, irom any of the recognized laboratories showing the compliance of prescribed standards ‘with self certification and undertaking for compliance of the siandards "along with ‘latest Mandatory. Tnspoction report analysis. feports, conducted by the team of pilicer of the Hoard as per provisions of Inspection policy ofthe Hoard Tho industrial units / projects which are already in operation shall submit the consent i application" only through Online Consent Management System for renewal of Aa consent under Water Act, 1974/ Air Act, 1981 and authorization under the Hazardous & aaa Other Waste (Manngesient &“fransboundary Movernen) "Rules, 3016 forthe Rgcuments 48 per Check List and preseribed consent fees, before 90. days. of the. expiry of the period of conseni/authortzation so thatthe consenUauthorization ‘case can’ be decided Before the expiry date of the consent / authorization,Notifications issued under the E(P) Act, 1986 To achieve the objective of this Act, the genial goverment issues potifatons fom time to tin foe the Probation of seledically-salite ars x lames glldclns for tics sts EDA. + oon Villy Notton 1980) wich tis the sting pf nasty in whish the diy oF Soa fuss more tan 24 MT Golioonnes) per day ine Doon Vale onsumption + Cogsal Regulation Zone, Notification (1991), which regulates activities slong coastal stretches. per this ise dara ot or ony hhc musta os the ORE te okies Te Meal pvres plik fly Tovenbore iii, Tor teanspot of ew materials Taiities fr intake of cooling water and outall {Sr ischarge of rated waste woke cooling water) for clearoe Yom the MEE. + Dhauu, Taluka Notification (1991), under which the distict.of Dhapy Taluka has been declared an ‘rologiclly age region and setae up power pants nt ean i probbied + Revdandn Crsek Notifistion (1989), which potiits sting up industries in the belt around the Revdsnda Ck es pr te ules id dow ine otiiedon + The Environmental Inypact Assessment of Development Projects Not 1957) Aspe ts moueatoa + All projects listed under Sche tion, (1994 and as amended in eT require environmental clearance from the MoEF. + Projects under the delice ce fom the MoEE gory ofthe New Industrial Policy als rquie cl + All developmental projets whether or not under the Schedule I floated in fy Moi cieeanse. le regions must obtainNotifications ContinuedHazardous wastes Regulations There are several legislations like, the Factories Act, 1948, the Public Liability Insurance Act, 1991, the National Environment Tribunal Act, 1995 ete. to deal with the problems of Hazardous Waste. However, the MoEF has issued several notifications Under the EPA 1986, to tackle the problem of hazardous waste management: Hazardous Wastes (Management and Handling) Rujes, 1989, which brouj guide ‘for manufacture, “Storage “and import of haZardous ‘chemicals management of hazardous wastes, ht out a ‘and for Biomedical Waste (Management and Handling) Rules, 1998, were formulated along parallel lines, for proper disposal, segregation, transport etc. of infectious wastes. Municipal Wastes (Management and Handling) Rules, 2000, whose aim was to enable municipalities to dispose municipal solid waste in a scientific manner. + Hazardous Wastes (Management and Handling) Amendment Rules, 2000, a recent ‘notification issued with the view to providing guidelines for the import and export of hazardous waste in the countryThe Environment (Protection) Act, 1986 This Act was passed withthe objective of provid the protection and improvement ofthe environmen Preamble “An Act to prone for the protection and improvement of envrvament and for matters connected there WHEREAS th dso were tae a the Caled Natons Conference on the Haman Eavirnment held 3; in which Toda participated, to take appropriate steps forthe protection and AND WHEREAS its considered necessary further fo implement the decisions aforesaid in so far as they ‘Rie Wrthe provection and bnprovenent df environment and te prevention of hazard bither ving creatures, plants ad propery BBE It enacted by Parliament inthe Thiry-seventh Year ofthe Repubile of India a follows Ie cmpomers the Central Government to establish authorities (under Drstehing euronmental polenta te fons and (ale 5p Deculiar diferent parts oft coun. ton 33) charged with Sout cantonal probly tat as Under this Act he central government is empowered to tke measures necessary to protect and improve the quality of the cavironment by setting standards Tor etissjons_ and. discharges: res the location of fuses: management of Baztedouswises and peoteton of publi heal ndSOR UC eZee ECL) The Environment (Protection) Act, 1986 This Act was passed with the objective of providing fr the protection and improvement of the environmen “An Act opronde for the protection and improvement of environment and for mates connected there WHEREAS the decisions were taken atthe United Nations Conference on the Human Environment held Stockton in tan, 1973, tn which India participated o take appropriate steps for the protection and AND WHEREAS it s considered necessary further fo implement the decision aforesaid insofar as they Troietion and bapruvenent df environment and ihe prevention of harards to human Beng, ng creatures, plants ahd propery BE it enacted by Parliament inthe Thirty seventh Year ofthe Republic of India as follows Ie cmporers the Central Goverument to establish authorities [under section 33) charge wih Prsvehing euronmental polenta te forms and % lacle Specie cnvontental” ra Decular difercat pars ofthe coun. E Under this Act. he central government is empowered to tke measures necessary to protect and improve the (quay of ihe“cuvioamaneby”seting standars for emissions ang uchamges ogulating the eeaion of ‘Rashes: management of Bnaedous Wises. and protection of publi ealh and welTo achieve the objec probation of teckel + Don Valley Notifistion (1959), which pro SOR UC eZee ECL) Notific: ‘tions issued under the E(P) Act, 1986 bits the sottng up ofan dustry in which the daily Y onsuption han'24 MT Gnsllonnes) per dy ine Toon Va ation Zone, Notification (1991), which regulates activites slong coastal stretches. As per this Se or any Oe masts fa te CHS peckioted TE tel pees pad [ony Tpvepbore isis, for eanoport of ew materials Taities fr intake of cooling water and outall (Sr iScharge of rated wists wake cooling wate) fore clearoe trom the MEE. + Dhano, Taluka Notitieation (1991), under which the district. of Dhan) Taluka has been declared an logically regan and setae up power pants ant any probed ting up industries inthe belt around the Revdanda Creeks peribe id down nthe aovedtion, + The Enviroamenal Inpact Assessment of Development Projects Notification, (1994 and as amended in + Allproecs listed under Schedule 1 + Projects under the delicene 1957) Aspe ts notion quire environmental clesrance from the MoEF. catagory ofthe New Industrial Policy also raquire clearance All developmental projets whether or aot nde the Schedule I, if located in fragile regions must obtain Sok vieranceEO u Cue eZ Pe) Notifications Continued.... Ash Content Notification (1997, required the use of beneficated coal with ah con 349% with ‘tet om hane 3001, (the date ltr was extended to Jane 2002) This applies all thera plats lested beyond fone thoisand kilometres from the pthead and any thermal plant loci in an urban area of, sensitive ara Imespctive oF the distance fram the phen excep ay pthead poser plan + 1a) Trapecium Notification (1998), provided tat uo pose plaat could be set wp within the aeograpical iit of Taj Trapecivn assigned by the Taj Trapeziam Zone Pollution (reveation nd Como) Autoety + Disposal of Fly Ash Notification (1999) the main objective of which is wo conserve the topsoil, protect the ‘environmen! ad prevent the damping and disposal of fy ash dacarged fom ign lant, The salient Featire of this nolfctin is tht no person wii a radi of $0 kin froma cole ligtebsed power pant shall smanfactue clay bricks or tiles without mixing at last 25% of aah ith sol ot 8 weight wo-weight basis. For the thenoal powcr plants the wilistion of the yas would be as follows + Every cos-or igite-based power plant shall make wvalable ah frat lest en years fom the date of publication of the above nlicstion without say payment or anyother consideration, for te parpse of manufacturing ash-bosed prodocts soch as cement, concrete blocks, bricks, panels or any oiher malecal or for constuction of roads, ‘mbankiments, dams, disso for any other constrtion activity. + Every coal of lignite based themal power plant commissioned subject to environmental clearance conditions slipslting the submission of an action plan fo fll utilisation of ly ash sball, within a period of nine yous Sra th publication ofthis notification, phase oat the dumping and disposal of fy ash on land in accordance withthe planEOC u ee CZ 13-10 20:55 GMT-8) Hazardous wastes Regulations several legislations like, the Factories Act, 1948, the Public Liability rance Act, 1991, the National Environment Tribunal Act, 1995 ete, to deal with the problems of Hazardous Waste. However, the MoEF has issued several notifications Under the EPA 1986, to tackle the problem of hazardous waste management: * Hazardous Wastes (Managemen guide for manufacture, storay management of hazardous wastes, and Handling) Rules, 1989, which brought out a ‘and import’ of hazardous ‘chemicals “and. for + Biomedical Waste (Management and Handling) Rules, 1998, were formulated along parallel lines, for proper disposal, segregation, transport etc. of infectious wastes. + Municipal Wastes (Management and Handling) Rules, 2000, whose aim was to enable municipalities to dispose municipal solid waste in a scientific manner. + Hazardous Wastes (Management and Handling) Amendment Rules, 2000, a recent notification issued with the view to providing guidelines for the import and export of hazardous waste in the country. SeEOC u ee CZ 13-10 20:55 GMT-8) Important Provisions of The Environment (Protection) Act, 1986 Power ofthe Central goverment fr measures to protest end improve the Environment (Section 3) Power to give direction (Section $) Excess ofthe Sts Persons Handling Hazardous Substances to Comply With Procedural Power to take samples and Procedure tobe fllowed forthe le Peualty for the Contavention of Roles and orders ofthis Act (Sect Offences by the Companies andthe Governmental Departinents(Seetion 16 Cogatzance of Offences (Secton 19): No court shll take cognizance of any offence under this Act SEN ons Copan ase by s)he Cental Government o any authority or oficer authorised in this behalf by that Government, of les than sinty days, in the manner. prescribed, of the alleged b) any person eho fas given nti of ol bmplain to We Central Goverament or the storie‘ Sience land ois infeton to mske Sood as aforeaa Bary to the Juriction (Section 22); No civil cout sll have jurigltig to etertsn any sito proceeding In'epectadanytung doves con veken or order or arecon sed by the Cental Covetnment of ay thee suthohty or oficer it porsince of any power conferred by on elton tots ris Rmstons under th Act PryEO u Cue eZ Pe) Environmental Clearance The proces and requiremets for Environmental Clearance, inching definitions of wheter projets ace requir clescance at the Cental or tte level, ate covered inthe Ministry of Environment aod Fores" (MOET) EIA Notion, The Nolifeation broadly categories all projects and activities as citer Categary A or Category B, This ealegorisation depends on the size of the project an the degree of potential impacts on han healt aad ata at than mde resoures, The specific thresholds for estegeisng projects are provided i the Sebedulew the Notation. There must be {Phot Eavitonmeatal Clearance” (EC) from MoEE for All Category A projets rie Category A projects include all physical inastructure whose size and cost is greater than certain minimum levels Astined in the: Schedule. Environmental Clearances for these projets are granted at the Central level, Physical inirsrctue inches projects in the pons, highways, Water and sansation, whan anspor, and solid waste management All Railway Projects, with no exception, are totally exempted ftom secking Environmental Clearance under Government regulations. Category B covers projects with lesser size or capacity, and smaller impacts than Category A. Environmental Clearances fr Category 1 projects are granted atthe Sate level. Each State has a detested departen or Board a, requied by ly ‘wish wowld gran the C Environmental Clearance proces for new projects: The environmental clearance process for new projects consists of four stages, some of which may not be required fr all projects These fou stage in sequel order ae: Stage (1) Screening (Only for Category projets and activin), Stage (2) Scoping Stage (3) Public Consaion Sige () Appia i EEEOC u ee CZ CaP ETC IED) Alembic Pharmaceuticals Vs. Rohit Prajapati and Ors. 2020 SCC Online SC 347 1 Inpaet Assessnent “The deadline for'ths wad extended 10 ‘Various ereulars, business (i the pol 319! March 1999 and thereafter to 50 June On 14 May 2002, the MoEF issued a circular ex post facto ECs i industries to get an EC ions tl 31” March 3 The bench of the National Green Tribunal (NGT) for the Western Zone gave a verdic 2O0fa'strack down the 200) notification and ordered to shut dovn al the units operat valid EC Italso ordered for cach unit to pay a sum of Rs, 10 Lakhs as compensation, Alembic Pharmaceuticals Fe the appellantin the lead appéa ia the Suprenie Cot. the Supreme Court bench comprising of Justice D. Y. Chandrachud and Justice Ajay Rastogi set aside the National Green Tribunal (NGI) diction for closuge ofthe industies, and dizgcted thee Le pay RS 10 crores compensation eh. This deposit was in addition fo the amount directed by the NOT. ee eyeEOC u ee CZ CaP ETC IED) Hanuman Laxman Aroskar v. Union of India (2020) 12 scc1 In this case, on March tof India suspended the environmental clearance fran airport inthe iit the clearance In this case, the Petit zaman 4 NGO Feder. ieport a Mpa Gos in the Supreme of Rainbow Warriors challenged the The Court suspended the sirpor's environmental on the grounds that the government failed to take int account impacts on the envionment that were crucial f the environmental ase ional submissions by the airport projet proponents, the Supreme Court lied its suspension ofthe environmental clearance, allowing the The government t 1 ofthe addition environmental impact information prov rake the aiport "zor carbon airport operation," and imposed adn envionment The Court reasoned thatthe government hid adequately addressed concer oulined in its 2019 decision. The Court also appointed tbe National Envionmental Engncern Research insite to oversee compliance wi the goverment vironmental conditions and ordered the project proponents to pay the cost of oversight34. Environmental Law (2022-03 CED} Environmental Reporting Environmental reporting is the disclosure of information on the management and monitoring of the environmental impact of the extractives industries. This includes information on legal provisions and regulation as well as environmental management practices within the regulatory framework. Purposes of Environment: ee ene)36. Environmental Law (2022-03 OAL) Environmental Reporting Environmental reporting isthe disclosure of information on the management and monitoring of the environmental impact of the extractives industries, This inciades information on legal. provisions and regulation aswell 85 cavionmental managernent practices within the regulatory frmework, Information, Reports of Returns (Secton-20): The Central Govemment may, in relation to its faction under this Act, from tet ine, require any person officer, State Goverament or oer authority to fish to i of a9 preseribed authority of officer any’ reports, tet, satistes, accounts and other information ad sich person. joer, State Government oF oer asthorty shall be Bou 0. 0, Purposes of Environmental Reporting: Environmental reporting has two fundamental fanctions, extemal ( socta) function ad internal function, wich promotes environmental (fons in organizations” activites. I plays Very inmportat role in stvengthening voluntary environmental efforts in organizations activites, The following comminiation betwen the orgasization and the publi: (1) Function to disclose information based on the socal accounlaility of organizations (2) Function to provide information that is useful for decision making of infeed Parties. (3) Function to promote environmen setivitis between orgaizaions andthe publi, tree ae external fumetlons, when environmental reporting is sed a a tool for environmental Te following two are internal functions: (4) Function to establish or revise crvironmentalpoiciss, objectives and programs of organizations. (5) Function to motivate the management and employees and tetivitis of the ee es)Ee a uae ez Far OAC LE} tase A tbe coud ad EWS Anditcoverag egal complince managemect process ber applicable sas repaory a obligatory rents i ened37. Environmental Law (2022-03 and clause (b) 1986 (299 Goverment bere EOE) Noise Pollution (Control and Regulation) Rules, 2000 owers conferred by clause (i) of subsection (2) of section 3, sub-setion (1) 3 sub-Zevtion (3) of section 6 and section 38 of the Envizonment {Protection nvironment (Protection) Rules. 1980, tne € {ore regulation and contol af ote prods Pollution (Regulation and Control) Rules 2000 Shortie and commencement Definitions. Ambient air quality standards in respect of noise for different area ponsibiity as to enforcement of nose pollution control measur Restitio ‘on the use of loud sp public address system and sound producing SA.,. Restrictions on the use of horns, sound emitting construction equipments and bursting of fire woke Consequences of any violation in silence zone / area ‘Complaints to be made to the authority Power to prohibit etc, coatiauance of music sound or noise.EAU en Cz FEO LE) Arjun Gopal Vs. Union of India (2017) 1 SCC 412 In this case, the Supreme Court noted several reports that recorded the air quality of Delhi post-Diwali The Central Pollution Control Board (CPCB) whilst measuring the National Air Quality Index noted that in 2015, there was a spike in air pollution and deterioration of air quality in over 8 states on the night of Diwali A report by the AIMS Delhi stated that there was an increase in the number of patients who had complaints regarding chest ailments, cough and breathlessness. The reason for this was noted fo be the sudden exposure of the body to toxic gases that were released by the bursting of firecrackers In li fi b ht of .these observations, the Supreme Court banned the sale of aickers in the Delhi and NCR regions. Further, the Court also issued 4 ‘on the storing of firecrackers in factories, retail outlets, or residential emises and also. placed a ban on the issuance of new licenses to the businesses that deal in the manufacture and sale of firecrackers. enPAU eZee ACL) Arjun Gopal vy. Union of India AIR 2018 SC 5731 This wa allowed to. hauler igo beh aco sof manufacturing Ererchrs nd thecua en CZ COLPAB CTCL) Coastal Zone Regulations Notifications The Environment Ministry came up with the first Coastal Regulation Zone r (CRZ rules) in February 1991, under the Environment Protection Act, 1986 t measures to protect and conserve our coastal environment. With the passage of time several amendments were made in the CRZ 1991 notification which was consolidated and issued in the CRZ 2011 notification. The objective of the CRZ, rules is, to protect coastal ecosystems, by regulati human and industrial activities near the coastline. State governments were made responsible for preparing Coastal Zone Managemen Plans (CZMP) and implementing the CRZ rules through their respective Coastal Zone Management Authorities On the recommendation of Shailesh Nayak committee which was constituted by the MokFCC in June 2014 for comprehensive evaluation of provisions under CRZ 2011 nolification, the government issued the Coastal Regulation Zone Notification 2018 in 2018 to remove restrictions on building, streamiining the clearance process and increasing tourism in the coastal areasce Uae Za ee CL) Classification of Coastal Re; fed ino four categories: CRZ. 1, CRZ. 2, CRZ3 lation Zone Acgering othe CRZ sotition 201 coastal areas re cl CRZ-L CR onstintes esol sitsfed between high lide sve areas, sch, mangroves, conlcoal ref sand ines and low tide nes. Exploration of natural gas and extraction + Low Tide Line It means the line onthe land upto which the lowest wate ine Spring i REGne Wh peed CRZ-IL: 1 consi The development of CRZ-II: Localities, sich as rural areas that are relatively, unit orig, a ingied in his ae. Only spf activities elated 0. evited under is conta reason ze during the spring tide The positon of both the sun end the moon inflation tothe cam has dest bearing op ide thes the on and he earth restart [pe the height of te dew be ahi These ing dé and they acer twaee& mou one on al ndon piod and anor Ging ne fS0n th developed ares upto i shoeing, which all wikia te existing municipal in nd do not fall wader the above ote O tain pie facies ae ‘GRZAV: The zone consttes water areas from the low tide line up to terior limits, including areas of the Sdefinhienced wars bodies 3 -cua en CZ COLPAB CTCL) Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2021 The Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2021 was promulgated on April [3, 2021 The Ordinance provides for the constitution of a Commission for better co- tion, and resolution of problems related to air ordination, research, identifi quality in the National Capital Region (NCR) and adjoining areas. Adjoining areas have been defined as areas in the states of Haryana, Punjab, , and Uttar Pradesh adjoining the NCR where any source of use adverse impact on air quality in the NCR. The Ordinance also dissolves the Environment Pollution Prevention and Control Authority established in the NCR in 1998. An Ordinance establishing a similar Commission was promulgated in October, 2020.ce Uae Za ee CL) Powers and Functions of the Commission Powers of the Commission: Powers ofthe Commission include: () restricting activites influencing ait quality, {t) investigating and condvting research related to environmental pollution impacting si quahty, (i) preparing codes snd guidelines to prevent and contol air pollauon, and (wv) ssi rections on matters inchuding inspections, of regulation which will be binding on person or suthonty. Further the Commission may impose and collestenvigonment compensation oar farmers causing pollution by stubble burnin This compensation will be prescribed by the lal government P y The Commission will be the sole suthority with jurisdiction, over matters defined jn, the Ordinance teh as ai quality management) In ease of any Confes.theorders or duresions of the Commsog (rill prevail over the orders of the respective state goverment, Ihe Central Pollution Control Board (CPEB), state PCBs, and state-level statutory bodies Functions of the Commission: Functions of the Commission include: (i) co-ordinating actions fac une the Oriaance by conceal tat govemmcas (Det, Haran, Plush Rajea, ad tag Pradesh, (i) planing gad executing plaas to prevent and contol air pollution ia the NCR; (i) providing a ieumework for ident ficauion of air pollatans, (iv) conducting fesearch and developanent fhrouel networking with technical institutions. (v) Uaining and creating a special workiorce to deal With issues related (0 air pollution, and (vi) preparing vanous action plans such as increasing plantation and addressing stbble burning.ce Uae Za ee CL) Legal framework for waste management in India In our country, waste management is gavemed by Ministry of Environment, Forest and Climate Ch DEF) who work together with State Pollition Conttol Board set up in various States The Environment Prot avast. Iris one ofthe ps Section 7 of this Act places a principal prohibition on harming the environment by stating that 20 person. carrying ay acuvity should emit of discharge environmental pollutants in excess of the Prescribed Standards tion Act, 1986 empowers the Central Goverament to fy Iepislanares 1 protect the environment and regula Act states that if any event takes place which harms the environment through any sen event, the person responsible for the harm is daty bound to prevent ot alleviate she poitant, discharged asa feslt of such event. The person is also obliged to snform the proper authorities about the event which may harm the environment + Bio-Medical Waste (Management and Handling) Rules, 1998 + The Batteries (Management and Handling) Rules, 2001 + The Hazardous Wastes (Management, Handling and Transboundary Mover + The Plastic Waste (Management and Handling) Rules, 2011 + The E- Waste (Management and Handling) Rules, 2011 + The Solid Waste Management Rules 2016 2008COR AUC u ce Za ee CL) Powers of Central Pollution Control Board + The Central Pollution Control Board has been empowered by Section 18 of the Water (Prevention X Gontol af Pollution) Act to give directions to te State Pollution Cont Boards. + The Central Pollution Control Bogrd has th fiom Control Board in case of 9 na dircetions. * According to Section-18, she Central Board shall be bound by directions given by the, Central ovemmt creas th Site Hoard shall be bound by ditectins given by hs Cea Board or powers to. perform inpliance wid the * In case a grave emergency arises as a result of non-compliance of the State Govt, as regards dircetions given by the Cetsal Board, then the Central Govls may recover the expenses incurred by strom theperons concemed, as arrears of land revenve * The Central Pollution Control Board has been empowered to isue directions under section 33.4 of vention & Cont ‘of Poll fon) Ae to direct the prohibition, closure, or regulation lation of supply eleclety, water or anyother service Constitution Of Joint Boards: According to Section-13 ofthe Act, under agreement berween two for more contiguous States, Joint Boards tay be consituted for those sites, By the Cental or State GovernmentsCOR aU Z FOL PAB AC LE} Functions of Central Polluti + Advise Central Government + Co-Ondination withthe tate Board + Technical Assistance and Guidance to State Boards + Various Training Programs + Organizing a Comprehensive Programme + Functions as State Board + Publication of Statistical and Technical Data + Laying Down Standard for Stream and Well Execution of Program at National Level hee eaeCOR aU Z FOL PAB AC LE} Powers of State Pollution Control Board + Power to obtain information + Power to take samples of effluents for analysis + Power of entry and inspection + Power to impose restriction on new outlets and new discharges + Power to refuse or withdraw consent for the establishment of any industry + Power to cay out certain works + Power to carry out emergency operations incase of pollution of stream or well + Power to make applications to the courts for restraining apprehended pollution of water in streams or wells Power to give directions ee eeCOR AUC u ce Za ee CL) Consent of The State Board | Board must decide an application for consent within four months ofthe application ful which consent will be deemed to have been ° 2.Persons al 3.A person may appeal against the order of the State Board within 30 days, to an appellate, authority established by the State Government, The State Govt, can aller the decision 01 he State Board, i necessary 4.While giving consent, if any work is requited to be executed and the applic so, the Board may itsslf execute t and recover the expenses along wit ite sewage or effluent into any stream or well or on land will ils to do 5.The State Board must be informed in case due to an accident in any industry of treatment or disposal system, any polluting matter is likely to be discharged into any stream, well fon‘ land which in tuint may pollute water. The Board may take remedial measures 6-The Board may approach a court for restraining a person who is likely to cause pollution by disposi discharge of polluting matter into a sircam, Well oon land ,COR aU Z FOL PAB AC LE} Functions of the State Pollution Control Board + Plonning Compretensive Programs + Dissemination of Information + Investigation and research + nse + Standards fr Causing Discharge of Wat end trae evens plans + Economic Methods of Treatment of Se + Methods Regarding Utilization of: + Methods fr Disposal of Sewag + Standatds fos Teeatment of Sewage + Advisory FunctionsCoe uae ez CoOL} Coastal Zone Regulations Notifications The Environment Ministry came up with the first Coastal Regi (CRZ rules) in February 1991, under the Environment Protection Act, 1986 measures to protect and conserve our coastal environment. With the passa, of time several amendments were made in the CRZ 1991 notification which was consolidated and is: fi ed in the CRZ 2011 notification, The objective of the CRZ, rules is, to protect coastal ecosystems, by regulating human and industrial activities near the coastline. >vernments were made responsible for preparing Coastal Zone Management (CZMP) and implementing the CRZ rules through their respective: Coastal Zone Management Authorities On the recommendation of Shailesh Nayak committee which was constituted by the MoEFCC in June 2014 for comprehensive evaluation of provisions under CRZ 2011 notification, the government issued the Coastal Regulation Zone Notification 2018 in 2018 to remove restrictions on building, streamlining the clearance process and increasing tourism in the coastal areasCoe Wu eZee Le COL) Classification of Coastal Re; Acgoding othe CRZ notion 2011, lation Zone areas are classified ito four categories: CRZ 1, CRZ.2, CRZ, Zl consis ecologically snsve acs, such, mangroves, colic reefs sand du RL ae i Fed bstween high tide lines and low tide ies, Exploration Of ara pos ad extraction Tide Line: HTL means the line onthe lan upto which the highest wate line reaches dong he sping + Low Tide Line: It means the line onthe Ind upto which the lowest water in eaces during the sping tide + Spring ties: Te poston of hot the sun end the moon in relation tothe carts has diet baring op ide Ean When the sl, the moon and the earth are in a stat ie, the height ofthe tide wil be bughee These fetcallod sprig tes and they occur twaee& moa one ul incon peiod and agotber Ging ne EASON period RZ-UE: 1 consi She devlopment of RZ: Localtis, sich as rural areas that are relatively, unistrb orig, ae ingidd in this ze. Only spite activities lated oe erited ander ds consal reyalaan zoe hs developed ares pf th shore a,c all win te existing municipal nits, tad do not fall under the above ctare O Geta pubic facies are ‘GRZAAV: The zone consttes water areas from the low tide line up to tito limits, including aess of the ‘Sdefinhienced wars bodies Z oCoe Wu eZee Le COL) ion of India (1997) 2 SCC 87 S. Jagannath y. U ta Sip cr tse the compensation edn araes who had ler cae of pole,Coe uae ez CoOL} Procedural environmental rights ronmental rights and improving the conditions of the environment. Procedural environmental rights perform an important role in s Procedural environmental rights are id participation and remedies and these pro\ as rights to information, public sare also understood as an intermedia s to the goal of environmental protection. Procedural environmental rights occupy a central role in Indian environm w also and many of the landmark environmental judgments were delivered by the Supreme Court while applying the procedural environmental rights either in the form of public ations (PILs) or while exercising the writ jurisdiction of the court. Right to Information Act, 2005 (RTI Act) and National Green Tribunal (NGT) Act, 2010 have played important role in the implementation of Right of access to justice and Right to information respectively by speedy disposal of cases with the use of information disclosed under the Right to Information Act, 2005. interest litCoe Wu eZee Le COL) Almitra Patel y. Union of India (1998) 2 SCC 416 ie ble of cen India. The Ta’ sgn changes cnt yer sneaksCoe Wu eZee Le COL) 4640Coe Wu eZee Le COL) ia en43. Environmental Law (2022-03-29 00:05 GMT-7) Consent Mechanism under Environmental Legislations Ip order to contol Environmental pollution, the Legislations have declared certain areas as {Baio Contol Area“ and the Legislations have ade ft mandatory for an eeprencur 10 obtain consent fromm the PCBs, fo ran or exablish any industry or process. which discharges pollutants into the eqvironmest and polising the environment fo Any ‘Pollution Controfied Rea“ PCBs may either grant conser or reject the application for reasons to be recorded in Generally, the Consent Application is disposed off within 4 months of receipt ofthe same. The consent can be obtained in two phases Consent to Establish: Prior consent from the PCBs js to be obtained before establishing an industry of process in any “Pollution Control Area’, The prior consent is generally grated with certain conditions and the said conditions can further be'modified or new ones Can be ‘The PCBs may send their official for site visit and further information and clarification ean bs solight orally or in writing, Consent to Operate: The second type of “Consent” is required from the PCBs once the industry of provess plant is established by the entrepreneur with the required pollution control stems, He consent to operate is given for & particular period and it needs to be renewed Regularly43. Environmental Law (2022-03-29 00:05 GMT-7) Categorizations for Industries Qn 5 March 2016, Minister of St pendent Charge) of Environment, Forest and Climate Change MOEPCC) Prakash jovadekar telogsed the faut colour calogorieatons for industries a: pet the following Pollution Index (Pl) score between 0 and 100: Industries with Pollution Index score of 60 and above: Red category Industries with Pollution Index score of 41 to 59: Orange category Industries with Pollution Index score of 21 to 40: Green category Industries with Pollution Index score including and up to 20: White category The industrial units / projets filing under Green Category and other units not covered under Red & OF of units has been exempted Tom Consent Man apply for Cossent te Operate to the Board However, these units will have to provide pollution control devices depending upon their process and activities, These industrial units/projects shall be governed by self regulatory regime and would not be permitted to pollute the environment.43. Environmental Law (2022-03-29 00:05 GMT-7) Consent to Operate (CTO) for Red and Orange Category units The new nnits after installato ate under Water oftheir project, are required to obtain consent to ops et, 197d and AirAct, 1981 Such industyial units shall apply for consent to operate tough Online Consent Magagement and Monitoring System (OCMMO) tinder the provisions of the Water (Prevention & Control of Pollution) ‘Act 1974, Ai (Preveation & Contcol of Pollution) Act, 1981 respectively. Ih ca Mow no fe Restr the unit ig covered under Hazardous & Other, Waste (Management, Transboundary. & nent) Rules, 2016, i shall simultaneously apply forthe same, For hazardous Waste application, i require io be deposited ons om new outlets and neve discharges (Section 21 of Air Act & Section 25 of Water st) Provision regarding existing discharge of sewage or trade effluent (Section 26 of Water Act). Refusal or withdrawal of consent by State Board (Section 27 of Water Act ). Appeals against the order ofthe State Board (Section 31 of Air Act & Section 28 of Water Act).43. Environmental Law (2022-03-29 00:05 GMT-7) nd43. Environmental Law (2022-03-29 00:05 GMT-7) li. aaa aeCR uae en Cz ECL) Evolution of Forest and Wildlife Laws Wuate (Potecton Act, resith oar or cide thor ice ce " The Scheduled Tribes aud Other Forest Dwellers (Recogultion of Forest Rights) Ac, 2006: To ecoaizo an Sing a esp of fee a : seal factual facies ad provide ust aod fis Compensation Yo the acted fazulies hoe ads ed or are afced by such acquisition and make segue provisos for auch acted peat seat t seied or proposed43. Environmental Law (2022-03-29 00:05 GMT-7) Classification of forests ed into three eategories ie, reserve Indian Forest Act of 878 Types of Forests Reserved Forests: Reserve forests are the most restricted forest Government on any forest and or wasteland which 1s the pro tire forest area was classi lage forests for the Fst me und The and forests, protect forests 5 and are constituted by the State iy of the Goverment: In reserved forest Hoel people are prohibited, unless specially allowed by Foret Otce inthe course of eat is empowered to constitute any land other than reserved he Government has propricary Fights and the poster Lo issue Tarests: This posser has been tse (o estahlish State contol over trees, rood products have revenueraising potential, vin Wings ro Vibes res Feen eactent tiated anes ecu ear el edl the one in which the State Government may assign 1 ment {0 or over any land which has been constituted illage served —EEEEE————E ee redCe) A GrEnvironmental Relief Fund Deposit of amount payable for damage to environment (Section 24): (1) Where any amount by way of compensation or rele is ordered to be paid under any award ofdcr ade by the Tribunal onthe ground of any. damage to: environment that"amount shall be remit 10 thes authonty. spect : FN orth Pubic Lily Insurance Ace 1991 (8 OF 191), for berg credited tothe Environmental Relief Fund established under that section (2) The amount of compensation or ri ceded othe Environmental Relief Fund under sbsextion {i}, may-norvithstanding. anything contained in the’ Public Liability Insurance ‘Act. 1991 (@ of 1991), be lis by sch person o authority. n such manner and fr such purposes reltng to envionment 2 may be prescribed Establishment of Environmental Relief Fund (Section 7A of the Public L Insurance Act, 1991): (1) The Central Government may, by ‘notification, establish a fund’ to Be known asthe Environmental Relief Fund, (2) The Relief Fund shal be ullised for paying, in accopdance withthe provisions ofthis Act andthe Scheme made under sub-section (3), relief under the award made by the Collector under section 7 (2) The Reliet Fund shall be utilized Jor paying, in accordance with the provisions of this Act and the Scheme made under sub-section (3), reliet under the award made by the Collector under section (3) The Central Government may, by notification, make a scheme specifying the authority in which the Relief Fund shall vest, the manner in which the Relief Fund shall be administered, the form and, the manner in which money shall be drawn {rom the Relief Fund and for all other matters connected with OF Incidental to the administration of the Relief Fund and the payment of relief therefrom. Ce)nvironment Relief Fund Scheme, 2008 Published vide Notification Gazette of India, Extra; Part 2, Section 3(i) dated 4th November, 2008. 4. Fund Manager ‘Dene ona Compu ini the fang fis moi e Fk ee ee ee eae ee ee Os serena ea Sot Game coo Temry po STs March of every year shewing the collin of amos by them for creting tesa arnt ino the Rit Fad Tr (2) The sttement of acco in epet fal these sl be cone a sateen of isestmea adress bl Be mii byte om (sh be Toe Man sl pepe rv a cemtiedstenea faci invest el slog wth be wt ea en ote ce An amt of Re cor depsted ill Mac 3,202, wth he Fond Manger, Unite Ini Insrnce Company Lt. Home a information oo ‘bevmizaton ote Sind smo