Environment Legislations

Water (Prevention and Control of Pollution) Act of 1974 and Amendment, 1988

• The Act gives State Pollution Control Boards regulatory authority to set and enforce effluent regulations for factories.
• A Central Pollution Control Board fulfils the same tasks for Union Territories, as well as developing policies and coordinating the actions of several State Boards.
• The Act gives the SPCB and CPCB the authority to test equipment and collect samples for analysis. • Prior to its revision in 1988, enforcement under the Act was accomplished through criminal charges launched by the Boards.
• The 1988 amending act gave the SPCB and CPCB the authority to close a defaulting industrial plant.

Air (Prevention and Control of Pollution) Act of 1981 and Amendments, 1987

• To put into action the resolutions made at the United Nations Conference on the Human Environment in Stockholm in June 1972, Parliament passed the Air Act. 
• The primary goals of this Act are to enhance air quality and to prevent, control, and mitigate air pollution in the country.
• The framework of the Air Act is similar to that of the 1974 Water Act.
• The Air Act extended the authority of the Water Act’s central and state boards to include air pollution control.
• States that did not have water pollution boards were compelled to establish air pollution boards.
• According to the Air Act, 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 taking into account its ambient air quality standards.
• The Act empowers the SPCB to test equipment and collect samples for examination from any chimney, fly ash, dust, or other source. Prior to its revision in 1988, the Act’s enforcement was accomplished through criminal proceedings brought by the Boards.
• The 1988 amending act gave the SPCB and CPCB the authority to close a defaulting industrial plant. Notably, the 1987 amendment added a mechanism for citizen suits to the Air Act and expanded the Act to cover noise pollution.

Environment (Protection) Act of 1986

• The EPA was enacted in 1986 with the goal of protecting and improving the environment.
• The central government is also empowered to: plan and carry out a national programme for environmental pollution prevention, control, and abatement.
• Set criteria for environmental quality in all of its components.
• Establish criteria for the emission or discharge of environmental contaminants from diverse sources.
• The limitation of the areas in which any industry, operation, or process, or class of industries, operations, or processes, shall/shall not be carried out subject to specified safeguards.
• Under this Act, the Central Government may appoint officers for various reasons and entrust them with the associated duties and functions.
• According to the Act, the central government has the authority to:
• Any industry, operation, or process may be closed, prohibited, or regulated.
• The interruption or restriction of the supply of electricity, water, or any other service.
• Pollutant Discharge Restrictions: No person or organisation shall discharge/emit, or enable the discharge/emission of, any environmental pollution in excess of the statutory standards.
• Procedural Safeguards Compliance: No one shall handle or be caused to handle any hazardous substance except in accordance with the method and in accordance with the authorised precautions.
• Entry and inspection powers: Any person authorised by the Central Government has the right to access (with help if necessary) any place:
• Penalties for Offences: Failure to comply with or violate any of the Act’s provisions is deemed an offence.
• Any violation of the EPA is punishable by imprisonment for up to five years or a fine of up to one lakh rupees, or both.
• Offences: No Court shall take cognizance of any offence under this Act unless the Central Government or any authority acting on its behalf files a complaint.

Wildlife (Protection) Act, 1972

• The Act provides for the protection of wild animals, birds, and plants; and for matters connected therewith or ancillary or incidental thereto
• Schedules
  • Schedule I and Part II of Schedule 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.
  • Animals under Schedule V, e.g. common crows, fruit bats, rats, and mice, are legally considered vermin and may be hunted freely.
  • The specified endemic plants in Schedule VI are prohibited from cultivation and planting.
• Bodies Formed
  • National Board for Wildlife and state wildlife advisory boards
  • Central Zoo Authority
  • Wildlife Crime Control Bureau
  • National Tiger Conservation Authority

Energy Conservation Act, 2001

• It was enacted as a step towards improving energy efficiency and reducing wastage. It specifies the energy consumption standards for equipment and appliances.
• It prescribes energy consumption norms and standards for consumers. It prescribes energy conservation building codes for commercial buildings.
• The Bureau of Energy Efficiency (BEE) is a statutory body established under the act.

Biological Diversity Act 2002

• It was implemented to give effect to CBD, Nagoya Protocol.
• To check biopiracy, protect biological diversity, and local growers through a three-tier structure of central and state boards and local committees.
• To set up National Biodiversity Authority (NBA), State Biodiversity Boards (SBBS), and Biodiversity Management Committees (BMCS).

National Green Tribunal Act 2010

• The Act establishes the NGT as a specialized body to handle environmental cases.
• It aims to provide a faster and more efficient forum for resolving environmental disputes compared to the traditional court system.
• Jurisdiction 
  • Environmental protection.
  • Conservation of forests and other natural resources.
  • Enforcement of any legal right relating to the environment.
  • Granting relief and compensation for damages to persons and property caused by environmental violations.
  • Challenging orders issued by government agencies under various environmental laws like the Water Act, Air Act, and Environment Protection Act.
• Compositions
  • The NGT is headed by a Chairperson who is qualified to be a judge of the Supreme Court of India.
  • The tribunal also has judicial members and expert members with experience in environmental law and related fields.