Environmental Laws

By
Dr. M. PRABHU INBARAJ
4 Laws:
1. Water (prevention and control of pollution) Act, 1974
2. Air (prevention and control of pollution) Act, 1981
3. Environmental (Protection) Act, 1986
4. Wildlife (Protection) Act,1972
The Water (prevention and control of pollution) Act, 1974

• Implemented on 23rd March, 1974

• Water is the State subject
• Parliament cannot legislate on water subject
• States have to agree for parliament legislation
• Majority States resolved for parliament legislating
• Parliament therefore, passed the water Act
• Totally I t has VIII Chapters
Salient features of the Water Act
Chapter I- Preliminary
Objectives
• To prevent and control water pollution
• To maintain wholesomeness of water
• To establish central and State Boards for prevention and
control of pollution
• To empower the Boards for prevention/control of pollution
• To provide penalties for contravention of the provisions of
the Act
• To establish central and state water testing laboratories.
Main functions of the Central pollution control Board (CPCB)

• Advise the Central Govt. for control of pollution of water

• Co-ordinate the activities of the State Boards
• Provide technical assistance and guidance to State Boards
• Plan and organize training
• Media program organizing
• To perform functions of the State Board in case of default
• Collect and publish technical data
• Lay down standards for stream/well
• Plan and organize pollution control programs
• Establish laboratories for testing
Functions of State Boards
• Plan and control/abate pollution of water
• Advise State Govt. on matters of water pollution
• To collect and spread information
• To investigate and conduct research in matters of pollution
• To inspect sewerage or trade effluents
• To lay down standards of sewerage/trade effluents etc.
• To create methods of effluent disposal/sewerage disposal
• To prevent discharge of waste into water
• To establish laboratories
• To Co-ordinate with CPCB
Prevention and Control of Water Pollution
• Under this act, State Government has power to restrict the application
of the Act to certain areas
• It has also power to obtain information
• PCBs have power to take samples of effluents
• Report of analysis
• PCBs have power to enter any factory and inspect
• It can prohibit use of stream or well for disposal of polluting matter
• It can regulate new outlets and new discharges
• PCBs can also approach for restraining apprehended pollution of water
in streams or wells
• It can give directions
Chapter VII of Water Act
• Under this chapter penalties can be levied for certain acts
• Destruction of notices of PCBs
• Obstructing PCB persons from doing their duty
• damaging property of PCBs
• non furnishing of information
• Failure to intimate accident
• Willful omission of information or making false statement etc.
• Punishment including imprisonment with penalty – Rs.10,000
and 3 months
The Air (Prevention and Control of Pollution) Act, 1981
• Implemented on 29th March, 1981
• It has VII Chapters
• CPB plays a major role in control / abatement of air pollution
• It has to advise Central Government for improvement of Air quality
• Co-ordinate the activity of state pollution control boards
• Chapter VI of the air act relates to prevention and control of air pollution
• The state governments in consultation with the Board declare air
pollution control areas
• Alters and declares new air pollution control areas
• The act provides for control of emission from automobiles
• It also restricts certain industries on the basis of air pollution
• It applies to the courts to restrain persons from polluting
• Just like water act it gives power to PCBs to enter and inspect the factory.
The wildlife(Protection) Act, 1972
• It is an Act of the Parliament of India enacted for protection of plants
and animal species and for matters connected therewith or ancillary or
incidental thereto.
• It extends to the whole of India, except the State of Jammu and
Kashmir which has its own wildlife act.
• It has six schedules which gives varying degrees of protection. Schedule
I and part II of Schedule II provide absolute protection - offences under
these are prescribed the highest penalties.
• Species listed in Schedule III and Schedule IV are also protected, but the
penalties are much lower. 
• Schedule V includes the animals which may be hunted.
• The plants in Schedule VI are prohibited from cultivation and planting.
The Environmental (Protection) Act, 1986
• The Environment (Protection) Act is applicable to whole of
India including Jammu & Kashmir. It came into force on
November 19, 1986.
• It was enacted with the main objective to provide the
protection and improvement of environment and for matters
connected therewith.
• The Act is one of the most comprehensive legislations with
pretext to protection and improvement of environment.
• The air, water, land, living creatures as well as the environment
in general is becoming polluted at an alarming rate that needs
to be controlled and curbed as soon as possible. The 1986 Act
was enacted in this spirit.
Objectives of Environmental Protection Act (EPA), 1986
• To provide the protection and improvement of environment and for
matters connected therewith.
• To implement the decisions made at the UN Conference on Human and
Environment held at Stockholm in June, 1972.
• To enact a general law on the areas of environmental protection which
were left uncovered by existing laws.
• To co-ordinate activities of the various regulatory agencies under the
existing laws.
• To provide for the creation of an authority or authorities for
environmental protection
• To provide a deterrent punishment to those who endanger human
environment, safety and health.
Powers of Central Government to take measures to Protect and
Improve Environment
1. Planning and execution of a nation-wide program for the prevention,
control and abatement of environmental pollution
2. Laying down standards for the quality of environment in its various
aspects;
3. Laying down standards for emission or discharge of environmental
pollutants from various sources whatsoever.
4. Restriction of areas in which any industries, operations or processes
or class of industries, operations or processes shall not be carried out
or shall be carried out subject to certain safeguards;
5. Laying down procedures and safeguards for the prevention of
accidents which may cause environmental pollution and remedial
measures for such accidents.
6. Laying down procedures and safeguards for the handling of hazardous
substances; examination of such manufacturing processes, materials
and substances as are likely to cause environmental pollution;
7. carrying out and sponsoring investigations and research relating to
problems of environmental pollution; inspection of any premises,
plant, equipment, machinery, manufacturing or other processes,
materials or substances and giving, by order.

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