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E-Notes
UNIT III
General Environment Legislations and Protection of Forests & Wild Life
Introduction
The Environment (Protection) Act was enacted in the year 1986. It was enacted
with the main objective to provide the protection and improvement of
environmentand for matters connected therewith. The Act is one of the most
comprehensive legislations with pretext to protection and improvement of
environment.
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The Constitution of India also provides for the protection of the environment.
Article 48A of the Constitution specifies that the State shall endeavor to
protect and improve the environment and to safeguard the forests and wildlife
of the country. Article 51 A further provides that every citizen shall protect the
environment.
The 1986 Act was enacted in this spirit. From time to time various legislations
have been enacted in India for this purpose. However, all legislations prior to
the 1986 Act have been specific relating to precise aspects of environmental
pollution. However, the 1986 Act was a general legislation enacted under
Article 253 (Legislation for giving effect to international agreements.—
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deficiency.
Objectives
As mentioned earlier, the main objective of the Act was to provide the
protection and improvement of environment and for matters connected
therewith. Other objectives of implementation of the EPA are:
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Definitions
Section 2 (a) “Environment” includes water, air, and land and the
interrelationship that exists among and between water, air and land and human
beings, other living creatures, plants, micro-organism and property. This
definition is not exhaustive but an inclusive one.
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is liable to cause harm to human beings, other living creatures, plants, micro-
organism, property or environment.
(b) Under any other law for the time being in force which is relatable to the
objectsof this Act;
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degradation of the environment with excessive soil erosion and water and
air pollution due to certain development activities therefore it is necessary
to protect the environment. This can be achieved only by careful assessment
of a project proposed to be located in any area, on the basis of an
environment impact assessment and environment management plan for the
prevention, elimination or mitigation of the adverse impacts, right from the
inception stage of the project.
The Central Government has passed certain notifications laying that the
expansion or modernization of any existing industry or new projects listed
shall not be undertaken in any part of India, unless it gets environmental
clearance by the Central Government, or the State Government.
The Act does not curtail the powers of the Supreme Court. It has from time
to time in various matters issued directions and orders to control pollution.
Some such important cases pertaining to protection of environment are:
In Mehta v Union of India (1998) 6 SCC 63, in order to control the chaotic
traffic conditions and vehicular pollution, the Supreme Court issued the
following directions.
(a) All commercial/transport vehicles which are more than 20 years old
should bephased out and not permitted to ply in Delhi after October 1998
(b) All such commercial /transport vehicles which are 17 to 19 years old
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In the same case the court enunciated the principle further that the polluter
pays. Once the activity carried on is hazardous or inherently dangerous, the
person carrying on such activity is liable to make good the loss caused to
any other person irrespective of the fact whether he took reasonable care
while carrying on his activity. Under this principle it is not the role of the
Government to meet the costs involved in either prevention of such damage
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• Other cases
In Vellore Citizen Welfare Forum v. Union of India & others the polluter
principle as interpreted by the Supreme Court means that the absolute
liability for harm to the environment extends not only to compensate the
victims of pollution but also the cost of restoring the environmental
degradation. Remediation of the damaged environment is part of the process
of “Sustainable Development” and as such polluter is liable to pay the cost
to the individual sufferer as well as the cost of reversing the damaged
ecology.
In Goa Foundation v Diksha Holdings Pvt. Ltd the court observed that
with a view to protect the ecological balance in the coastal areas,
notifications having been issued by the Central Government, there ought not
to be any violation and prohibited activities should not be allowed to come
up within the area declared as CRZ notification. The court also emphasized
that no activities which would ultimately lead to unscientific and
unsustainable development and ecological destruction should be allowed.
Chapter III of the EPA deals with prevention, Control and abetment of
Environmental Pollution. Some important provisions of this chapter provide
that, no person carrying on any industry, operation or process shall
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Penalties
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five years or with fine which may extend to one lakh rupees, or with both.
In case the failure or contravention continues, with additional fine which
may extend to five thousand rupees for every day during which such failure
or contravention continues.
• Offences by Companies
Offences by Companies are dealt with under Section16. Where any offence
is committed by a company, every person who, at the time the offence was
committed, was directly incharge of, and was responsible to, the company
for the conduct of the business of the company shall be deemed to be guilty
of the offence.
If he proves that the offence was committed without his knowledge or that
he exercised due diligence to prevent the commission of such offence he
shall not be liable to any punishment.
Where the offence has been committed with the consent or connivance of
or is attributable to any neglect on part of, any director, manager, secretary
or other officer of the company, such person shall be deemed to be guilty of
the offence
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(b) Any person who has given notice of not less that 60 days, of the alleged
offenceand his intention to make a complaint, to the Central Government or
the authority or officer authorized.
The Indian Forest Act, 1927 was an act to consolidate the then existing laws
relating to forest, the transit of forest products and duties that can be levied
on “Forest Product” as defined in Section 2 (iv) (a) and (b) of the act. The
act deals with reserved forest, village forest, protected forest, control over
forests and lands not being property of government, the duty on timber and
other forest produce, regulation transit of forest products, collection of
timber, penalties and procedures,cattle – trespass, forest officers and other
miscellaneous provisions.
This act does not lay down a specific definition for forests. The act
establishes three categories of forests, reserve forest, protected forest and
village forest. The reserved forests (section 3 to 27 of the Act of 1927) can
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For other offenses under Section 26 an imprisonment for a term which may
extend to 6 months or with fine which may extend to Rs. 1,000 or with both
and on the second and every subsequent conviction for the same offense,
with imprisonment which may extend to 6 months or with fine which may
extend to Rs. 2,000 or with both is prescribed. It also provides for
adjudication of forest rights, uses by local people as allowed by forest
officer, appeals and de notification. Section 25 specifically empowers the
forest officer to stop any public or private way or water coarse in reserved
forest. The act also provides for issuing notification regarding appointment
of forest settlement officer to adjudicate rights and granting permissions for
activities and claims.
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The state government also has the powers to regulate or prohibit activities
in any forest or waste land not being the property of the government after
providing suitable opportunity to the owner of such forest or land.
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Object:
The main object of the Act is to prove protection to the wild animals birds
and plants. The Act empowers the Central Govt. to declare certain areas
as Sanctuaries or National Parks. The Act prohibits hunting of wild
animals; birds etc. and impose punishment for violating the same.
Salient Features:
The Act contains 66 Sections divided into seven chapters and six
schedules. Chapter- I (Sec. 1 and 2) contains short title and definitions.
Chapter - II deals with Authorities under the Act. Chapter - III deals with
the protection of Specified Plants. Chapter - IV provides for declaration
of sanctuaries, National Parks and Closed Areas. Chapter - IV - A deals
with Central Zoo Authority and Recognition of Zoos. Chapter- V deals
with Trade or Commerce in Wild Animals, Animal Articles and
Trophies. Chapter - V- A deals with prohibition of Trade Commerce in
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The Act prohibits hunting of wild animals. No person shall hunt any wild
animals as specified in the Schedules. However, there are certain
exceptions. The State Govt. may order to kill or wound in good faith any
wild animal for self-defense or to protect or save another. Any animal so
killed or wounded is not and offence and shall be govt. property. The
Govt. may permit killing of certain wild animals for academic purpose.
Sanctuaries: -
The State govt. by notification, may declare any area within the reserved
forest or territorial waters as a sanctuary if it considers fit the area for
protection and conservation of wild life.
National Parts: -
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Recognition of Zoos: -
All the wild animals, animal articles and trophies shall be the property to
the State Government. No person is entitled to hunt any wild animals. No
person, without the previous permission in thewriting of the Chief Wild
Life Warden or the Authorized Officer, acquire or keep in his possession,
custody, or control, or transfer to any person whether by a way of gift,
sale or otherwise or destroy or damage. At the commencement of this
Act, if any person possesses any animal specified in this Act or any
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uncured trophy derived from such animal or salted or dried skins of such
animal or the musk or a musk deer or dorm of a rhinoceros shall declare
and obtain the permission from the Chief Wild Life Warden or the
authorized person. After the commencement of this Act no person shall
acquire, receive, keep in his control, custody or possession sell, offer for
sale or otherwise transfer or transport any animal specified in the Act or
any uncured trophy or meat derived from such animal or the skins or
musk or horn without the previous permission in writing of the Chief
Wild Life Warden or the Authorized person. Dealings in trophies and
animal articles without license is prohibited.
Purchase of animal: -
The person who obtains wild animals with the previous permission of the
Authorities shall not sell it. He shall keep it in a habitat and healthy
conditions.
Any authorized person under this Act is entitled and has power of entry,
search, arrest and detention of any premises. He can stop vehicle or
vessel. He can enter any premises. He can seize any captive animal - wild
animal, animal article, meat, trophy or uncured trophy or any specified
plant or part of derivative thereof forms the possessor.
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Any person who contravenes any provision of the act [except chapter V-
A (prohibition of trade or commerce in trophies or Animal articles) and
section 38 J (prohibition of teasing of animals)] or any rule made there
under, or who commits a breach of any conditions of anylicense or permit
granted under this act shall be punishable with imprisonment for a term
which may extend to Three years or with fine may extend to
For second & subsequent offence, the term of imprisonment shall not be
less than Three years & may extend to Seven years and also fine which
shall not be less than Five Thousand rupees
Three years and also fine should not less than Ten Thousand rupees
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