Lecture 10 Class Notes (Environment & Ecology)
17 October 2022 06:03
National Legislations
Wildlife (Protection) Act, 1972
• On 5th June,1972, Environment was first discussed in U.N.
Conference of Human Environment in Stockholm.
• Soon after India took substantive legislative steps for
environment protection. In line with this, the Wildlife
(Protection) Act was passed in 1972
• The Act has been adopted by all the States and the Union
Territories.
• The Act was subsequently Amended in 1982, 1986, 1991, 1993
and 2002.
Salient Features
• The Act provides for the formation of wildlife advisory boards,
wildlife wardens, specifies their powers and duties, etc.
• The Act created six schedules which gave varying degrees of
protection to classes of flora and fauna.
• Schedule I and Schedule II (Part II) get absolute protection and
offences under these schedules attract the maximum penalties.
• Hunting species, like those requiring special protection
(Schedule II), big game (Schedule III), and small game
(Schedule IV), is regulated through licensing.
• A few species classified as Vermin[undesirable] (Schedule V),
may be hunted. The Act empowers the State government to
send a list of wild animals to the centre requesting it to declare
them vermin for selective slaughter
• The Schedule VI has been added to include specified plant
species to be protected by the wildlife (Protection)
Amendment Act,1991.
• The Act provides for setting of National Parks, Wildlife,
Sanctuaries, Central Zoo Authority etc.
• It supported launching a national component of UNESCO’s
‘Man and Biosphere programme (1971)’.
The Water (Prevention and Control of Pollution) Act, 1974
• The Water (Prevention and Control of Pollution) Act, 1974
represented India’s first attempts to comprehensively deal with
water pollution issues and creation of institutional set up in the
country. The Act prohibits the discharge of pollutants into
water bodies beyond a given standard and lays down penalties
for non-compliance.
• The Act vests regulatory authority in State Pollution Control
Boards and empowers these Boards to establish and enforce
effluent standards for factories discharging pollutants into
water bodies.
• Central Pollution Control Board (CPCB) was constituted in
1974 as per the provisions of the Water (Prevention and
Control of Pollution) Act, 1974.
• The Act grants power to the Board to ensure compliance with
the Act by including the power of entry for examination,
testing of equipment and other purposes and power to take
the sample for the purpose of analysis of water from any
stream or well or sample of any sewage or trade effluents.
• The 1988 amendment strengthened the Act’s implementation
of the pollution provisions.
• Board may close a defaulting industrial plant or withdraw its
supply of power or water by an administrative order; the
penalties are more stringent, and a citizen’s suit provision
supports the enforcement machinery.
Forest Conservation Act, 1980 and Amendments in 1988
• It is an Act of the Parliament of India that was enacted for
providing a higher level of protection to forests and to regulate
diversion of forest land.
* Forests cover 33% of the geographical area of the country
• Came into force on the 25th October 1980.
• As per the Forest (Conservation) Act, 1980, prior
permission/approval of the Central Government is essential for
De-reservation/Diversion of forest land.
• This is given on the condition that user agency will deposit
required amount to undertake compensatory afforestation
for mitigate negative impact of forest land diversion.
e.g. CAMPA[Compensatory Afforestation Fund Management
and Planning Authority ] Funds
• A state may declare forestlands or waste lands as reserved
forest and may sell the produce from these forests.
• Any unauthorized felling of trees quarrying, grazing and hunting
in reserved forests is punishable with a fine or imprisonment,
or both reserved forests assigned to a village community are
called village forests.
• An Advisory Committee constituted under the Act advises the
Centre on these approvals. The act extends to whole of India.
Air (Prevention and Control of Pollution) Act, 1981
• The Air (Prevention and Control of Pollution) Act, 1981 was
enacted by the Parliament to implement the decision taken at
the United Nations Conference on the Human Environment
held to Stockholm in June, 1972 in which India participated.
• The main provisions of the Act are:
○ The Act’s framework is similar to that of the Water Act of
1974.
○ The Act expanded the authority of the central and state
boards established under the Water Act, to include air
pollution control
○ States not having water pollution boards were required to
set up air pollution boards.
○ An Advisory Committee constituted under the Act advises
the Centre on these approvals.
○ All industries operating within designated air pollution
control areas must obtain a “consent” (permit) from the
State Boards.
○ The states are required to prescribe emission standards
for industry and automobiles after consulting the central
board and noting its ambient air quality standards.
• The 1987 amendment strengthened the enforcement
machinery and introduced stiffer penalties.
• The boards may close down a defaulting industrial plant or
may stop its supply of electricity or water. A board may also
apply to the court to restrain emissions that exceed prescribed
limits.
• The 1987 Amendment introduced a citizen’s suit provision into
the Air Act and extended the Act to include noise pollution.
Environment Protection Act, 1986
• The purpose of the Act is to implement the decisions of the
United Nations Conference on the Human Environment held
at Stockholm in June 1972, in which India participated, to take
appropriate steps for the protection and improvement of
human environment.
• The Act is an “umbrella” for legislations designed to provide a
framework for Central Government, coordination of the
activities of various central and state authorities established
under previous Acts, such as the Water Act and the Air Act.
○ The first environmental legislation to give the Central
Government authority to issue direct orders, included
orders to close, prohibit or regulate any industry,
operation or process or to stop or regulate the supply of
electricity, water or any other service to an industry,
operation and process.
○ The Act explicitly prohibits discharges of environmental
pollutants in excess of prescribed regulatory standards.
There is also a specific prohibition against handling
hazardous substances except those in compliance with
regulatory procedures and standards.
○ The Act grants immunity to the officers of the
government for any act done under the provisions of this
Act or under the powers vested in them or functions
assigned to them under this Act.
○ The Act provides provision for penalties. For each failure
or contravention, the punishment included a prison term
up to five years or fine up to Rs. 1 lakh or both. The Act
imposed an additional fine of up to Rs. 5,000 for every day
of continuing violation. if the violation continues beyond a
period of one year after the date of conviction, the
offender shall be punishable with imprisonment for a term
which may extend to seven years
The National Green Tribunal
[Important: Laws catered by NGT, Centres NGT are placed,
Chairman]
• The National Green Tribunal (NGT) is a specialised body that
was formed under the NGT Act, 2010 for effective and
expeditious disposal of cases that are related to protection and
conservation of the environmental, forests and other natural
resources.
• India has become the third country in the world after Australia
and New Zealand, for setting up a specialised environmental
tribunal and also the first developing country to do so.
• The National Green Tribunal has a total of five places of sittings
namely: Bhopal, Pune, New Delhi, Kolkata and Chennai,
amongst which, New Delhi is the Principal place of sitting.
• Structure of NGT:
○ The National Green Tribunal (NGT) comprises of three
major bodies namely: the Chairperson, the Judicial
Members and the Expert Members.
○ There should be a minimum of 10 and a maximum of 20
full time Judicial as well as Expert members in the NGT.
○ The Chairperson of National Green Tribunal (NGT) is
appointed by the Central Government of India in
accordance with the opinion of the Chief Justice of India.
○ A Selection Committee is formed by the central
government of India for the appointment of Judicial
Members and Expert Members.
○ All these members are required to hold the office for a
period of five years and are not eligible for
reappointment.
• Powers and Jurisdiction
○ The Tribunal is not bound by the procedure laid down under
the Code of Civil Procedure 1908 but shall be guided by
principles of 'natural justice'.
○ The Tribunal has jurisdiction over all civil cases involving
substantial question relating to environment (including
enforcement of any legal right relating to environment).
○ Being a statutory adjudicatory body like Courts, apart from
original jurisdiction side on filing of an application, NGT also
has appellate jurisdiction to hear appeal as a Court (Tribunal).
○ An order/decision/award of Tribunal is executable as a decree
of a civil court.
○ An appeal against order/decision/ award of the NGT lies to the
Supreme Court, generally within ninety days from the date of
communication.
• NGT deals with the following laws:
○ The Water (Prevention and Control of Pollution) Act, 1974
○ The Water (Prevention and Control of Pollution) Cess Act, 1977
○ The Forest (Conservation) Act, 1980
○ The Air (Prevention and Control of Pollution) Act, 1981
○ The Environment (Protection) Act, 1986
○ The Public Liability Insurance Act, 1991
○ The Biological Diversity Act, 2002
Biological Diversity Act, 2002
• The Biological Diversity Act 2002 was born out of India’s attempt to
realise the objectives enshrined in the United Nation Convention on
Biological Diversity, 1992.
• The Act provides for conservation of biological diversity,
sustainable use of its components and fair and equitable sharing of
the benefits arising out of the use of biological resources,
knowledge and for matters connected therewith or incidental
thereto
• Allows for decentralisation of Conservation.
• Salient Features:
○ The main intent of this legislation is to protect India’s rich
biodiversity and associated knowledge against their use by
foreign individuals and organizations without sharing the
benefits arising out of such use, and to check biopiracy. The
Act provides for setting up of a National Biodiversity Authority
(NBA), State Biodiversity Boards (SBBs) and Biodiversity
Management Committees (BMCs) in local bodies.
○ All foreign nationals or organizations require prior approval of
NBA for obtaining biological resources and associated
knowledge for any use. Indian individuals entities require
approval of NBA for transferring results of research with
respect to any biological resources to foreign
nationals/organizations
National Forest Policy, 1988
• The principal aim of National Forest Policy, 1988 is to ensure
environmental stability and maintenance of ecological balance
including atmospheric equilibrium which are vital for sustenance of
all life forms, human, animal and plant.
• Objectives under the National Forest Policy,1988 are
○ Maintenance of environmental stability through preservation
and, where necessary, restoration of the ecological balance
that has been adversely disturbed by serous depletion of the
forests of the country.
○ Conserving the natural heritage of the country by preserving
the remaining natural forests with the vast variety of flora and
fauna, which represent the remarkable biological diversity and
genetic resources of the country.
 National Biodiversity Action Plan • Setting up a digital inventory: It is compulsory for all the state
• India became a Party to the CBD in 1993, prepared its first NBAP authorities to prepare a list of all the wetlands. Based on this, a
entitled “National Policy and Macro Level Action Strategy on digital inventory for wetlands will be created and updated every 10
Biodiversity” in 1999 to give effect to its commitments under the years.
CBD. Coastal Regulation Zone
• The National Environment Policy, 2006, seeks to achieve balance
and harmony between conservation of natural resources and • In 1991, the Government of India issued a notification under the
development processes and also forms the basic framework for the Environment Protection Act, 1986 administered by the Ministry of
National Biodiversity Action Plan. Environment and Forests (MoEF) to protect and conserve the
• Objectives: environment and ecosystem on the coastline of the country.
○ Strengthening and integration of in situ, on-farm and ex situ • Accordingly to the notification, the coastal land up to 500m from the
conservation High Tide Line (HTL) and a stage of 100m along banks of creeks,
○ Augmentation of natural resource base and its sustainable estuaries, backwaters and rivers subject to tidal fluctuations, is
utilization; Ensuring inter and intragenerational equity. called the Coastal Regulation Zone (CRZ).
○ Regulation of introduction of invasive alien species and their
management.
○ Assessment of vulnerability, and adaptation to climate change
and desertification.
○ Integration of biodiversity concerns in economic and social
development.
○ Development and integration of biodiversity databases.
○ To prevent, minimize and abate impacts of pollution.
○ Strengthening implementation of policy, legislative and
administrative measures for biodiversity conservation and
management
○ Building of national capacities for biodiversity conservation and
appropriate use of new technologies.
○ Valuation of goods and services provided by biodiversity and
use of economic instruments in the decision-making processes.
○ International cooperation to consolidate and strengthen
bilateral, regional and multilateral cooperation on issues
related to biodiversity.

Wetland (Conservation and Management) Rules, 2010

Coastal Regulation Zone Notification, 2011
• These Rules have been drafted by the Ministry of Environment and CRZ1: Eco-sensitive and Intertidal areas
Forests to ensure better conservation and management and to CRZ2: Areas which have been developed up to or close to shore
prevent degradation of existing wetlands in India. CRZ3: Areas that are relatively undisturbed and don't fall under the
• The wetland conservation and management rule 2010 specifies the above two
activities which are harmful to the wetlands. It includes activities CRZ4: Area between Low Tide and 12 nautical miles into the
such as industrialization, construction activities, dumping of sea/tidal influenced water bodies
untreated sewage and solid waste, reclamation etc. The wetland NDZ: No development zone that extends up to 200 m from high tide
rules prohibit these activities in the wetlands. line towards land in CRZ3 area
• The activities such as harvesting and dredging[Clearing out and
extracting silt deposits from a river/wetland] can be carried out with
prior permission from the concerned authorities.
• To ensure proper implementation of these rules,
• The Central Wetland Regulatory Authority has been set It also
performs all the functions related to the management of wetlands.
• The central wetland regulatory authority had representatives from
government, and a number of expert members to ensure wetland
protection and wetland conservation in the best possible manner.
• Constitution of State Wetland Authority: It has provisions for setting
up of a State Wetland Authority (SWA) every state and Union
Territory to be headed by the Environment Minister of the
respective state. ting up National Wetland Committee. NWC will
replace Central Wetlands Regulatory Authority and will be headed
by the secretary to MoEFCC

Objectives Coastal Regulation Zone Notification, 2018

○ Monitoring the implementation of rules.
○ Advising the central government on appropriate policies and
action programmes for conservation and wise use of wetlands.
○ Recommending designation of Wetlands of International
importance under the Ramsar Convention.
○ Advice collaboration with international agencies on issues
related wetlands.
 EIA Notification 2020
• Reduced Time for Public Hearings.
• The classification of projects, such as into A, B1, and B2, and a host
of projects are exempted from public scrutiny. ● Post-clearance
compliance.
• The new draft EIA, proposes the submission of compliance reports
annually whereas as per the 2006 notification, the compliance
report was to be submitted every six months.
• Report Prepared Solely by Project Proponents.
• The EIA Notification 2020 excludes reporting of violations and non-
compliance by the public.
• Another major proposal in the draft 2020 is granting ‘post-facto
clearance’ where a project that has been operating without
environmental clearance, can be regularised or allowed to apply for
clearance.
Environmental Impact Assessment • Firms found violating the terms of their establishment, if they have
• Study to predict effect of proposed activity or project on to get the clearance, however, will have to pay a penalty
Environment. Benefits of EIA
• "Decision Tool” Suggest best combination of “Economic & 1. Protection of environment
Environmental” costs & benefits. 2. Optimum utilization of resources
• Identify possible environmental effects & proposes measures to 3. Saving time & cost of project
mitigate adverse effects. 4. Lessen conflicts
• Lessens conflicts by promoting Community participation
Process: Environmental Organisations
 Animal welfare Board of India
About
• Statutory Body
• Under ministry of Fisheries, Animal Husbandry and Dairying
• Established in 1962
• Derives its powers from section 4 of the prevention of Cruelty
to Animals Act 1960
Objectives
• Prevent the infliction of unnecessary pain or suffering on
animals
Functions
• Advisory role performed with respect to laws related to
animals, coordinate and cooperate with various government
agencies.

 National Board for Wildlife

About
• Statutory body constituted under Section 5A of the Wildlife
(Protection) Act, 1972.
• Under MOEFCC
• Chaired by Union Environment Minister.
• Board was constituted in 2003.
Objective:
• Promotion of Wildlife Conservation and the development of Wildlife and
forests.
Functions
• Advisory in Nature.
• Approves projects (including Government projects) in and around the
protected areas (National Parks, Wildlife Sanctuaries) etc.
• NBWL’s approval required for any alteration of the protected area
boundaries.
Exception to NBWL
• Railway Projects, Small-Scale development works involving construction
over less than 20,000 Square Metres.
• Under-25 MW capacity Hydropower plants.
 Wildlife Crime Control Bureau  National Ganga Council
About About
• Statutory Multi-Disciplinary body. ○ In 2016, National Ganga Basin Authority was reconstructed into NGC.
• Under MOEFCC ○ Statutory Organization constituted under Environment Protection Act,
• Section 38 (Z) of the Wild Life (Protection) Act, 1972 1986.
Objective ○ Chaired by PM.
• Conserve the Wildlife Wealth. ○ Under Ministry of Jal Shakti.
• Ensure effective enforcement by professionals as per International ○ Empowered task force under Union Minister of Jal Shakti.
Standards. Objective
Role ○ Abatement of Pollution and rejuvenation using river basin approach.
• Develop wildlife crime database management system. ○ Maintain Ecological flow with Aviral and Nirmal Dhara
• Coordinate between State and central agencies. Role
• Execution of International Standards and Conventions ○ National Mission for clean act as implementation wing of NGC.
• Advisory function. ○ Constitute State and District Ganga committees.
• Inspection of the consignment of Flora and Fauna to regulate illegal trade  National Biodiversity Authority
as per TRAFFIC, CITIES. About
• UNEP Campaign on Illegal Trafficking of Endangered Species launched by ○ Statutory body under Biological Diversity Act (2002)
the WCCB. ○ Under MOEFCC
Objective
 Central Zoo Authority ○ Ensure sustainable use of Biological resource and fair equitable sharing of
About benefits of use.
• Statutory body under the MOEFCC. Role/Function
• Established in the year 1992. ○ Facilitative, Regulatory and Advisory
• Derives its legitimacy from Wildlife (Protection) Act, 1972. ○ Report on selection of Biological Heritage Sites
Objective ○ Grant of intellectual property rights regarding locally used Biological
• To conserve the rich diversity of the FAUNA as per National Zoo Resources or allied Traditional knowledge
Policy,1998.
• Enforce minimum standards for zoo management.  Forest Survey Of India
Role About
• • Give recognition to the zoos as well as regulate the standards. ○ Under MOEFCC
• Facilitate the technical and Financial Assistance. ○ Non-statutory
• Exchange of animals between Indian and Foreign zoo. ○ Established in 1981
Objective
○ Assessment and monitoring of the forest resources of the country regularly
 Wildlife Trust of India
Role/Function
About
○ Nodal agency for collection, compilation, storage and dissemination of
• Nature conservation NGO
spatial database on forest resources
• Established in 1998 in Delhi
○ Prepare State of Forest Report biennially
Objective
○ Support State/UT Forest Departments
• To secure Natural Heritage of India through conservation of Habitat and
○ Develop database on forest tree resources
Biodiversity.
Role
 Botanical Survey of India
• Assist government through innovative ideas, aid in recovering of
About
threatened species.
○ Apex taxonomic research organization.
• Improve functioning of protected areas.
○ Non-Statutory, Under MOEFCC.
• Address issues related to illegal trade.
○ Established in 1890
Objective
○ Mandate was to explore, collect and document the rich plant resources.
 Central Pollution Control Board
About ○ Identify plants species with Economic Virtues
• • Statutory Organization formed under Water (Prevention and Control Act) Role/Function
1972 with powers entrusted from Air act 1981 ○ Exploration, Inventorying and Documentation of Phyto-diversity
• Under MOEFCC ○ Develop National database of Indian plants
Objective ○ Ex-situ conservation of critically threatened species
• Promotes cleanliness of streams and water bodies ○ Documentation of Traditional knowledge
• Improves quality of air.
• Prevents air and water pollution  Bombay Natural History Society
• Established the National Air Monitoring Programme to determine air About
quality status and regulate air quality standards. ○ Wildlife Research Organization.
• Monitors the CO, SO2, O3, NO2, Suspended particulate matter. ○ Established in 1833.
• Responsible for water quality monitoring. ○ Scientific and Industrial Research Organization.
• It executes the NCAP Programme. Objective
• CPCB has released revised guidelines for Biomedical waste management ○ Conservation of Nature.
generated from COVID-19. ○ Primarily Biological Diversity through action based on research.
○ Education and Public Awareness.
Role/Function
○ Partner with Birdlife International.
○ Assessment of conservation status of endemic and endangered species.