Agenda

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Environmental Environment Environment
Legislations in Protection Act : Impact
India : Evolution 1986 Assessment
Speaker Profile

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GAURANG BAXI
DIRECTOR -TACTISE

ASSOCIATIONS with Universities

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I T P L AT F O R M

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C O N S U LT I N G
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s ys t ems t o pr ev ent i nc i dent s, r educ e l os s es and equi pment i nt egri ty, r el i abil it y of f ac i lit i es , t he env i r onment ,
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Module -1 – Environment Protection Act 1986

Environmental Legislation

Evolution and History.

Environment Protection Act -1986

Constitution & Environment
• The Indian Constitution, as adopted in 1950, did not deal with that the subject of environment or

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prevention and control of pollution as such (until 1976 Amendment).

• The Stockholm Declaration of 1972 was perhaps the first major attempt to conserve and protect the human

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environment at the international level. The preamble of it states, 'the need for a common outlook and for
common principles to inspire and guide the peoples of the world in the preservation and enhancement of
the human environment.

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• As a consequence of this Declaration, Indian Parliament incorporated two Articles, through 42nd
Amendment i.e., 48A and 51A in the Constitution of India (1976.)

• Art. 48A provides that the state shall endeavor to protect and improve the environment and to safeguard
the forests and wildlife of the country.”

• Art. 51A, included in the Constitution by the 42nd amendment Act, 1976 has the provisions as fundamental
duties, says that “It shall be the duty of every citizen of India to protect and improve the natural
environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures and to
develop the scientific temper, humanism and the other spirit of inquiry and reform, and to safeguard public
property and to abjure violence
 VERSION
POST –INDEPENDENCE
PRE –INDEPENDENCE • The Water Prevention and Control of Pollution Act : 1974

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• Shore Nuisance (Bombay and Kolaba) Act, 1853 imposed

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• The Water Cess Act 1977
restrictions on the fouling of seawater. • The Air Prevention and Control of Pollution ACT, 1981.
• • Merchant Shipping Act of 1858 dealt with prevention of • The Environmental Protection Act, 1986. (It came into force

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sea pollution by oil. soon after the Bhopal Gas Tragedy)
• • The Fisheries Act, 1897 • The Environmental Conservation Act. 1989.
• • The Bengal Smoke Nuisance Act of 1905 • The Public Liability Insurance Act-1991
• • Bombay Smoke Nuisance Act of 1912 • The Biodiversity Act : 2000
• • Wild Birds and Animals Protection Act, 1912 • The National Green Tribunal Act : 2010

The year 1972 was a landmark in the field of environment, when United Nations Conference on
the Human Environment was held at Stockholm (Sweden) from 5th to 16th June, in which
"Declaration on the Human Environment" was adopted. This may be considered as the beginning
of environment movement in the world.
The Environment Protection Act - 1986

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• The Act came into force on Nov. 19,1986 and extends to the whole of India. The Environment (Protection)
Act authorizes the central government to protect and improve environmental quality, control and reduce
pollution from all sources, and prohibit or restrict the setting and /or operation of any industrial site on

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environmental grounds.

• The Act gives certain powers to the Central Government to take measures for the purpose of protecting

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and improving the quality of the environment and to prevent environmental pollution.

• The Act is an “umbrella” legislation designed to provide a framework for Central Government coordination
of the activities of various central and state authorities established under previous laws, such as the Water
Act and the Air Act.

• Benefits of EPA
• Protects public health: The EPA aims at reducing the emission of pollutants into the environment. This
helps maintain clean and fresh air within the atmosphere which ultimately contributes towards the
better health of society.
• Maintain legacy for future generation: The EPA in India not only protects the people of the current
generation; but it also provides benefits to the next generation. The EPA makes sure that the current
population will serve the future generations.
Objectives and Purpose of EPA-1986

• The main objective of this Act is to “provide for the protection and improvement of the environment and
all matter connected with it.”
• Most importantly, it aims to implement the decisions reached at the UN Conference on Human
Environment which was held in Stockholm in June 1972, of which India had also been a participant.
• The previous environment-related laws were all very specific and due to the same, they left certain gaps.
This Act serves the purpose of covering all those gaps left behind by previous laws by having a general
and wider scope.
• The Act aims to facilitate effective coordination between the different central and state authorities
indulged in environment protection and preservation, as established by existing laws.
• It aims to confer the Central Government with wide powers to carry out effective environment
protection measures as it sees fit.
• It aims to lay down a detailed structure that would provide more stability and clarity on the
environmental laws of the country.
• It also aims to provide deterrent punishment to those who endanger the environment, health, and
safety.
• ENVIRONMENT PROTECTION ACT – MAJOR SECTIONS

• Section 1 inform the Shot title, extend and commencement

• Section 2 -Definitions
• Section 3 -Power of Central Government to take measures to protect and improve environment
• Section 4 Appointment of officers and their powers and functions
• Section 5- Power to give directions
• Section 6 - Rules to regulate environmental pollution
• Section 7 -Persons carrying on industry, operation, etc. not to allow emission or discharge of environmental pollutants
in excess of the standards
• Section 8 Persons handling hazardous substances to comply with procedural safeguards
• ENVIRONMENT PROTECTION ACT – MAJOR SECTIONS

• Section 9 Furnishing of information to authorities and agencies in certain cases

• Section 10- Powers of entry and inspection
• Section 11 - Power to take sample and procedure to be followed in connection therewith
• Section 12 Environmental laboratories
• Section 13 Government Analysts
• Section 14 Reports of Government Analysts
• Section 15 -Penalty for contravention of the provisions of the Act and the rules, orders and directions
• Section 16 - Offences by companies
• Section 17 - Offences by Government Departments
• ENVIRONMENT PROTECTION ACT – MAJOR SECTIONS

• Section 18 Protection of action taken in good faith

• Section 19 -Cognizance of offences
• Section 20 Information, reports or returns
• Section 21 Members, officers and employees of the authority constituted under Sec. 3 to be public
servants
• Section 22 Bar of jurisdiction
• Section 23 Power to delegate
• Section 24- Effect of other laws
• Section 25 -Power to make rules
• Section 26 Rules made under this Act to be laid before Parliament
The Environment Protection Rules : 1989
• Schedule I lays down the Procedures and

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Standards for 87 different industries
(e.g. rubber, copper, iron etc.)

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• Schedule II - Noise Standards

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• Schedule III- Standards for Motor Vehicles

• Schedule IV- General standards for effluents, inland surface, public sewer, land of irrigation,
marine coastal areas etc.
The Environment Protection Act and Rules

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•E-Waste (Management) Rules 2016, as amended in 2018 (E-Waste Rules);
•Batteries (Management & Handling) Rules 2001 (and the proposed draft Battery Waste

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Management Rules 2020);

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•Bio-Medical Waste Management Rules 2016;
•Plastic Waste Management Rules 2016 (and a proposed draft 2021 amendment);

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•Solid Waste Management Rules 2016;
•Construction and Demolition Waste Management Rules 2016;
•Hazardous and Other Waste (Management and Transboundary Movement) Rules 2016, as
amended in 2019 (HW Rules);
•Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 (MSIHC Rules);
•Coastal Regulation Zone Notification 2019 (and related 2021 procedure for violation of the CRZ
Notification); and
•Environment Impact Assessment Notification 2006.
The Environment Protection Act and Rules
1989- The objective of Hazardous waste Management and Handling Rules is to control the

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generation, collection, treatment, import, storage, and handling of hazardous waste.
• 1998 - The Biomedical waste (Management and Handling) Rules is a legal

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binding on the health care institutions to streamline the process of proper
handling of hospital waste such as segregation, disposal, collection, and

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treatment.
• 2000 - The Municipal Solid Wastes (Management and Handling) Rules,
2000 apply to every municipal authority responsible for the collection,
segregation, storage, transportation, processing, and disposal of municipal
solid wastes.
• 2002 - The Noise Pollution (Regulation and Control) (Amendment) Rules
lay down such terms and conditions as are necessary to reduce noise pollution,
permit use of loud speaker or public address systems during night hours
on or during any cultural or religious festive occasion.
The Environment Protection Act : 1986

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• Whoever contravenes the provisions of the Act- maximum punishment up to 7 years
and penalty up to Rs. 1 lakh or Rs. 5000 per day for continued offence. (S-15)

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For defaulter Companies or Body Corporates- Directors or partners are prosecuted. (S-
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• This Act is also applicable to Government Departments and HOD is prosecuted. (S-17)
ENVIORNMENT IMPACT
ASSESSMENT-EIA

Definition

Need of EIA

Steps of EIA

Role of EIA in Sustainable

Development
Definitions
• Environment Impact Assessment (EIA) - is a tool used to
identify the environmental, social and economic impacts of
a project prior to decision making.
• It is a formal process used to predict the environmental
consequences of any development project. EIA thus
ensures that the potential problems are foreseen and
addressed at an early stage in the project’s planning
and design.
• Environmental Impact:
• It can be defined as the portrayal (description) of alterations in
existing environmental conditions or creation of new set of
environmental conditions, beneficial (positive) or adverse
(negative) by the proposed action or set of actions
• Assessment:
• To assess means to evaluate or to fix the value of.
 • Proponent: Can be an individual, a government agency or a private firm/agency
wishing to initiate the project.
• Assessor: Is the person, agency or company having the responsibility for prepar-
ing the EIA. e.g., In India, the private/government organisations are accredited by
Quality Council of India (under the NABET scheme) as Accreditated Consulting
Organizations (ACO) to prepare EIA reports on behalf of the proponent.
• Decision maker: Can be head of state, a group of ministers and an elected body or
a single designated individual.
• Reviewer: Is the person, agency, or board with responsibility for reviewing the EIA
and assuring compliance with the published guidelines. e.g., In India, State Expert
Appraisal Committee (SEAC) and State Impact Assessment Authority (SIAA) at
state level; Expert Appraisal Committee (EAC) and Impact Assessment Authority
(IAA) at central level.
• Expert advisers: Are persons with the specialised knowledge required to evaluate

STAKEHODLERS •
the proposed action.
Other Government agencies: Are the agencies with a special interest in the
project e.g., irrigation department in case of construction of highways with canal
and/or river crossings. They may be components of the national government
services or they may be associated with provinces, states, cities or villages.
• Special Interest Groups includes environmental organisations, labour unions, pro-
fessional societies and local associations with concerns about environment.
• International refers to the neighbouring countries or to inter-governmental bodies,
and indicates the need, in some cases, for consultations with these bodies.
• Public at large includes citizens and the press.
WHAT IS EIA ?
PURPOSE OF EIA
• To contribute towards the environmental protection for sustainable development.
• To integrate the consideration of environmental protection with economic issues of the
decision making processat the earliest stages of the project planning.
• To identify, predict assess and communicate the environmental, social, cultural and
economic consequences of the proposed project/action.
• To develop plans or suggest steps to mitigate any adverse impacts resulting from the
proposed activity and
• To provide for the involvement of the public, department of the government and
government agencies in the review of the proposed activities.
 • Immediate (Short term) - To inform, the decision makers in particular and
public at large, about the potentially significant environmental effects and
risks of development proposals.
• Ensure appropriate and efficient use of resources.
• Develop and suggest the mitigative measures to reduce the severity
of the (predicted) potential impacts of the proposed project.
• Help management take an informed decision with awareness about

Aims and
the environmental terms and conditions for implementing the project.
• improve the overall environmental design of the proposed activity.

Objectives of Long term - To ensure the continuous availability of critical physical

and ecological resources to achieve sustainable development
without affecting the well being, lifestyle and live hood of the people who

EIA
depend on them.
• Protect human health, well-being, livelihood, lifestyle and safety.
• To prevent or eliminate the possible irreversible (alterations)
environmental alterations and serious damages.
• Conserve natural resources and protect natural areas and
ecosystem components.
• Promote the social and cultured aspects of the proposed project
or action.
FUNCTIONS OF EIA

• Describe proposed new activities.

• Relate the activities to planning and regulations.
• To identify, predict and evaluate the primary (direct) and secondary
(indirect) environmental impacts; these may be physical, ecological, social
or aesthetic.
• Develop alternatives to reduce the impacts.
• Provide a process for a participatory planning activity between enterprise,
government and community.
 Benefits of EIA

• Adds a new environmental dimension to existing planning processes and indicates the
likely:
• Impacts upon soil erosion, water supplies, wild life and plants.
• Depletion of non-renewable environmental resources.
• Pollution of water, air and land etc.
• Provides comprehensive coverage of short and long term technical and social issues.
• Generates alternatives which are more acceptable to all parties involved and which
anticipate and prevent adverse effects.
• Prevents conflicts and technical troubles before start up by involving different social
groups, disciplines and government departments in the planning process.
• Sets the basis for continuous monitoring of key project activities and environmental
conditions to prevent problems arising.
LIMITATIONS OF EIA
• It is time consuming, expensive and highly subjective exercise which may not necessarily lead to sound
decision making;
• Delays the project implementation.
• The predicted adverse effects on the environment might lead to strict conditions being imposed to avoid these
effects or perhaps lead to the complete abandonment of a proposal.
• EIA has the potential of being increasingly used as a means of introducing an environmental veto power into
administrative decision-making process.
• Collection of the supporting baseline data for EIA and the design of subsequent monitoring systems may be
difficult and expensive.
• EIA complicates an already complex procedure for planning and project approval. Expertise in
environmental management and local, regional and national planning process is essential. It is sometimes long
and confusing process.
• The enterprise/project proponent must accept as normal the long delays in EIA studies and negotiations.
• Implementing the four step EIA is only the first stage in gaining acceptance of a new activity which may have
significant environmental impacts.
EIA – 4 STEP ACTIVITY

Identification. Evaluation Prediction Communication.

Identification
• The first step in the process involves determination
of those impacts which require further investigation.
Here, the project activities which may impact on the
environment during planning, construction and
operation phases of the proposed project are
identified separately.
• To establish the cause-effect relationship, a project
activity verses environmental parameters, which are
likely to be affected by the proposed action, a matrix
is developed
• The identified project activities during three phases
namely planning, construction and operation are
arranged in a row while the environmental
parameters, likely to be affected, are arranged in a
column. An interaction box is thus created.
• Acause-effect relationship is established. The same
matrix can be used for prediction and evaluation of
the impacts as illustrated in the next steps.
 Prediction
• This step involves the measurement/determination of the nature,
magnitude, extent and probability of the impacts likely to occur due
to the proposed activity/project.
• It involves determination of whether the impacts are reversible or
irreversible; long term or short term, primary, secondary or tertiary
etc.
• The prediction of impact magnitude and area extent involves use of
mathematical models. e.g., determination of increase in particulate
matter concentration due to release of flue gases from the boilers
using the prediction model based on Gaussian Dispersion.
• Thus, prediction is objective assessment as it is based on scientific
and engineering principles. Quite often, a relative scale is selected,
say from 1 to 10, to represent the magnitude of the impact, with 1
indicating the least or minimum magnitude and 10 the
most/maximum.
Evaluation

• This step involves determination of importance or significance of the identified and predicted environmental impacts. To
evaluate means to assess—to fix the value of. This can be subjective assessment.
• It is important to note that a large magnitude impact can have least significance while a small magnitude impact can be most
important. e.g., submergence of large area of waste land has low significance while that of an important historical monument or
an important religious place although has low magnitude but its importance is very high.
• It is here, under this step, that various alternatives which are essentially trade offs i.e., compromises between economic
development and environmental values are developed and compared.
• Usually, there can be four types of alternatives such as:
• To mitigate the adverse effects e.g., effluent treatment plant to treat the effluent prior to discharge and adherence to anti-
pollution laws;
• To change the site of the proposed project. Since EIA is site and project specific activity shifting the site to a new location
will have different set of environmental impacts;
• To change the technology e.g., adoption of low waste technology; and
• To limit or abandon the project.
 8-Steps for carrying out EIA study

To identify and quantify the Predict and evaluate the

To establish the baseline
To identify the elements of sources of pollution and anticipated environmental
environmental, including social,
environment likely to be establish the cause - effect rela- impacts during planning con-
scenario of the project area, say
affected by the proposed tionship between likely impacts struction and operation phases
within 5 or 10 km radius with
project/ development; on the receiving environment of the proposed developmental
project site at the center.
and project activities. project or activity.

To assess the opinion of the To design and specify the

Develop specific mitigative
public as observed in the public monitoring requirements
measures to reduce the severity To workout the cost of
consultation, including the necessary to ensure the imple-
of the impacts during planning, environmental mitigation and
suggestions given by public, and mentation and effectiveness of
construction, and operation monitoring requirements.
the responses of the project the mitigation measures
phases of the project.
proponents; suggested; and
Overall Process
of EIA
 QUESTIONS
Define following terms from subject point of view :
• Environment
• Impact
• Analysis;
• Assessment.
• Identify the EIA definition that appeals to you most. Justify
your selection.
• Identify the players of your choice, in EIA, process.
• Why EIA should be conducted ? What purposes it can
satisfy ?
• It is claimed that EIA is expensive and time consuming.
Subjective exercise. Therefore, it should not be made
mandatory. Give your comments highlighting the benefits of
EIA.
• Enlist the important limitations of EIA and suggest possible
remedies for the same.
• With the help an example define and describe EIA as a four
step process.
• Out of four steps of EIA, which step according to your
understanding is the most important and why
• How will you carry out the EIA ? Enlist the basic steps
involved.