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

• India became a Party to the CBD in 1993, prepared its first
NBAP entitled “National Policy and Macro Level Action Strategy
on Biodiversity” in 1999 to give effect to its commitments
under the CBD.
• The National Environment Policy, 2006, seeks to achieve
balance and harmony between conservation of natural
resources and development processes and also forms the basic
framework for the National Biodiversity Action Plan.
• Objectives:
○ Strengthening and integration of in situ, on-farm and ex
situ conservation
○ Augmentation of natural resource base and its sustainable
utilization; Ensuring inter and intragenerational equity.
○ 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

• These Rules have been drafted by the Ministry of Environment

and Forests to ensure better conservation and management
and to prevent degradation of existing wetlands in India.
• The wetland conservation and management rule 2010 specifies
the activities which are harmful to the wetlands. It includes
 activities such as industrialization, construction activities,
dumping of untreated sewage and solid waste, reclamation etc.
The wetland rules prohibit these activities in the wetlands.
• 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
○ 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.
• Setting up a digital inventory: It is compulsory for all the state
authorities to prepare a list of all the wetlands. Based on this, a
digital inventory for wetlands will be created and updated
every 10 years.

Coastal Regulation Zone

• In 1991, the Government of India issued a notification under

the Environment Protection Act, 1986 administered by the
Ministry of Environment and Forests (MoEF) to protect and
conserve the environment and ecosystem on the coastline of
the country.
• Accordingly to the notification, the coastal land up to 500m
from the High Tide Line (HTL) and a stage of 100m along banks
of creeks, estuaries, backwaters and rivers subject to tidal
fluctuations, is called the Coastal Regulation Zone (CRZ).
Coastal Regulation Zone Notification, 2011
CRZ1: Eco-sensitive and Intertidal areas
CRZ2: Areas which have been developed up to or close to shore
CRZ3: Areas that are relatively undisturbed and don't fall under the
above two
CRZ4: Area between Low Tide and 12 nautical miles into the
sea/tidal influenced water bodies
NDZ: No development zone that extends up to 200 m from high tide
line towards land in CRZ3 area

Coastal Regulation Zone Notification, 2018

Environmental Impact Assessment

• Study to predict effect of proposed activity or project on

Environment.
• "Decision Tool” Suggest best combination of “Economic &
Environmental” costs & benefits.
• Identify possible environmental effects & proposes measures
to mitigate adverse effects.
• Lessens conflicts by promoting Community participation
Process:
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.
• Firms found violating the terms of their establishment, if they
have to get the clearance, however, will have to pay a penalty
Benefits of EIA
1. Protection of environment
2. Optimum utilization of resources
3. Saving time & cost of project
4. Lessen conflicts

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

About
• Statutory Multi-Disciplinary body.
• Under MOEFCC
• Section 38 (Z) of the Wild Life (Protection) Act, 1972
Objective
• Conserve the Wildlife Wealth.
• Ensure effective enforcement by professionals as per International
Standards.
Role
• Develop wildlife crime database management system.
• Coordinate between State and central agencies.
• Execution of International Standards and Conventions
• Advisory function.
• Inspection of the consignment of Flora and Fauna to regulate illegal
trade as per TRAFFIC, CITIES.
• UNEP Campaign on Illegal Trafficking of Endangered Species
launched by the WCCB.

 Central Zoo Authority

About
• Statutory body under the MOEFCC.
• Established in the year 1992.
• Derives its legitimacy from Wildlife (Protection) Act, 1972.
Objective
• To conserve the rich diversity of the FAUNA as per National Zoo
Policy,1998.
• Enforce minimum standards for zoo management.
Role
• • Give recognition to the zoos as well as regulate the standards.
• Facilitate the technical and Financial Assistance.
• Exchange of animals between Indian and Foreign zoo.

 Wildlife Trust of India

About
• Nature conservation NGO
• Established in 1998 in Delhi
Objective
• To secure Natural Heritage of India through conservation of Habitat
and Biodiversity.
Role
• Assist government through innovative ideas, aid in recovering of
threatened species.
• Improve functioning of protected areas.
 • Address issues related to illegal trade.

 Central Pollution Control Board

About
• • Statutory Organization formed under Water (Prevention and
Control Act) 1972 with powers entrusted from Air act 1981
• Under MOEFCC
Objective
• Promotes cleanliness of streams and water bodies
• Improves quality of air.
• Prevents air and water pollution
• Established the National Air Monitoring Programme to determine air
quality status and regulate air quality standards.
• Monitors the CO, SO2, O3, NO2, Suspended particulate matter.
• Responsible for water quality monitoring.
• It executes the NCAP Programme.
• CPCB has released revised guidelines for Biomedical waste
management generated from COVID-19.

 National Ganga Council

About
○ In 2016, National Ganga Basin Authority was reconstructed into NGC.
○ Statutory Organization constituted under Environment Protection
Act, 1986.
○ Chaired by PM.
○ Under Ministry of Jal Shakti.
○ Empowered task force under Union Minister of Jal Shakti.
Objective
○ Abatement of Pollution and rejuvenation using river basin approach.
○ Maintain Ecological flow with Aviral and Nirmal Dhara
Role
○ National Mission for clean act as implementation wing of NGC.
○ Constitute State and District Ganga committees.

 National Biodiversity Authority

About
○ Statutory body under Biological Diversity Act (2002)
○ Under MOEFCC
Objective
○ Ensure sustainable use of Biological resource and fair equitable
sharing of benefits of use.
Role/Function
○ Facilitative, Regulatory and Advisory
○ Report on selection of Biological Heritage Sites
○ Grant of intellectual property rights regarding locally used Biological
Resources or allied Traditional knowledge

 Forest Survey Of India

About
○ Under MOEFCC
○ Non-statutory
○ Established in 1981
Objective
○ Assessment and monitoring of the forest resources of the country
regularly
Role/Function
○ Nodal agency for collection, compilation, storage and dissemination
 of spatial database on forest resources
○ Prepare State of Forest Report biennially
○ Support State/UT Forest Departments
○ Develop database on forest tree resources

 Botanical Survey of India

About
○ Apex taxonomic research organization.
○ Non-Statutory, Under MOEFCC.
○ Established in 1890
Objective
○ Mandate was to explore, collect and document the rich plant
resources.
○ Identify plants species with Economic Virtues
Role/Function
○ Exploration, Inventorying and Documentation of Phyto-diversity
○ Develop National database of Indian plants
○ Ex-situ conservation of critically threatened species
○ Documentation of Traditional knowledge

 Bombay Natural History Society

About
○ Wildlife Research Organization.
○ Established in 1833.
○ Scientific and Industrial Research Organization.
Objective
○ Conservation of Nature.
○ 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.