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ENVIRONMENTAL LEGISLATION AR.DEEPENDRA KUMAWAT
ENVIRONMENTAL
LEGISLATION
AR.DEEPENDRA KUMAWAT

ENVIRONMENTAL LEGISLATION INTRODUCTION

Environmental Laws are the body of rules and regulations, and orders and statutes, concerned with the maintenance and protection of the natural environment of a country. It provides basis for measuring and apportioning liability in cases of environment al crime and the failure to comply with its provisions.

These set of rules and regulations ensure the safety of wildlife and forest, and control over air water and noise pollution.

WILD LIFE PROTECTION ACT ,

1972

This is an act which provides for the protection of wild animals, with a view to ensure the ecological and environmental security in India.

This act covers wildlife all over India except in the state of Jammu and Kashmir. The term wildlife includes animals, aquatic or land vegetation which form part of any habitat

WILD LIFE PROTECTION ACT , 1972  This is an act which provides for the protection

PROVISIONS UNDER THE ACT

No hunting is permitted for any animal listed in the schedule.

Stronger provisions are given relating to trade and penalties.

Hunting of an animal is allowed only when the CWLW is satisfied that such an animal has become dangerous to human life, or is disabled or diseased to an extent as to be beyond recovery.

Penalties for violating the Act range from imprisonment up to a period of seven years, and/or fines upto RS. 25000 It also has special provisions for tiger protection.

THE INDIAN FOREST ACT, 1927

An Act to consolidate the law relating to forests, the transit of forest-produce and the duty leviable on timber and other forest- produce

It also defines the procedure to be followed for declaring an area to be a Reserved Forest, a Protected Forest or a Village Forest.

It defines what is a forest offence, what are the acts prohibited inside a Reserved Forest, and penalties leviable on violation of the provisions of the Act.

RESERVED FOREST

Reserved Forest is an area mass of land duly notified under the provisions of India Forest Act or the State Forest Acts having full degree of protection.

PROTECTED FOREST

Protected Forest an area or mass of land notified under the provisions of India Forest Act or the State Forest Acts having limited degree of protection. In Protected Forests all activities are prohibited unless permitted.

Further, in a protected forest, the Government may issue notifications declaring certain trees to be reserved, or suspend private rights, if any, for a period not exceeding 30 years, or prohibit quarrying, removal of any forest produce, or breaking of land etc

VILLAGE FOREST

Village Forest is constituted under section 28 of the Indian Forest Act, 1927.

The Government may assign to any village community the rights over a land which may not be a part of a reserved forest for use of the community. Usually, forested community lands are constituted into Village Grazing Reserve [VGR].

AIR (PREVENTION AND CONTROL OF POLLUTION) ACT 1981

It is an Indian Legislation enacted by the Parliament of India to control and prevent air pollution. It was amended in 1987.

AIR (PREVENTION AND CONTROL OF POLLUTION) ACT 1981 It is an Indian Legislation enacted by the

AIR ACT 1981

An Act to provide for the prevention, control and abatement of air pollution, for the establishment, with a view to carrying out the purposes, of Boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith.

Decisions were taken at the United Nations Conference on the Human – Environment convention held in Stockholm in June, 1972, in which India participated, to take appropriate steps for the preservation of the natural resources of the earth which, among other things, include the preservation of the quality of air and control of air pollution;

AIR ACT 1981

“Air Pollutant" means any solid, liquid or gaseous substance [(including noise)] present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment;

“Air Pollution" means the presence of air pollutants in the atmosphere.

WATER (PREVENTION AND

CONTROL OF POLLUTION) ACT

1974

It established an institutional structure for preventing and abating water pollution

It established standards for water quality and effluent.

PROVISION UNDER THE ACT

Polluting industries must seek permission to discharge waste into effluent bodies.

The central pollution controlling board CPCB is constituted under this act.

The CPCB has established a nation wide network of water quality monitoring which is done on quarterly basis in surface water and on a half yearly basis on underground waters.

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