Final lab1 ppt

ENVIRONMENTAL LAW

What is Environment?Environment is that which environs or surrounds; and surrounding conditions, influences, or forces, by which living forms are influenced and modified in there growth and development.According to Environment Protection Act, 1986 “Environment includes water, air , Land, and inter-relationship which exists among an between water, air, land and human beings, other living creatures, plants, microorganism and properties”

The water (Preventions and control of Pollution) Act, 1974. Amended in 1978 and 1988

The Air (Preventions and control of Pollution) Act, 1981 Amended in 1987.

The environment protection Act 1986.The Public Liability insurance Act, 1991.The natural environment tribunal Act,

1995.The Environment Appellate Authority Act,

1997.

Some of Environmental Laws are:

The one and only objective of all laws is to protect the environment.

(a)"air pollution" means the presence in the atmosphere of any air pollutant

(b)"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 (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

Meaning of Air Pollution

The air act deals with the control of emission of

noxious substances from industries and

automobiles.

Still it applies only to specified industry process,

in notified areas, called the ‘air pollution control

areas’ (APCA).

The specified industries in the APCA have to

seek consent from the board, to emit noxious

substances.

Air pollution occurs when air contains gases, dust, fumes, or odour in harmful amount. The amount which could be harmful to the health or comfort of humans and animals or which could cause damage to plants and materials.The presence of pollutant substances in the air that interfere with human health or welfare, or produce other harmful environment effects.The pollutant of atmosphere by any toxic or radioactive gases and particulate matters as a result of human activity.

CAUSES OF AIR POLLUTION

Combustion engine exhaust,Factories,Petroleum,Power line,Radioactive fallout,Fertilizer dust,Mining operationMills and plantsIndoor air pollution

EFFECTS OF AIR POLLUTION

Short term effects: irritation to the eyes, nose, and throat, headaches, nausea, allergic reaction.Long term effects: chronic respiratory disease, long cancer, heart disease, damage of brain, nerves, liver or kidneys.

OBJECTIVES OF AIR ACT

Prevention, control and abatement of air pollution

Maintaining the quality of airEstablishment of board for the prevention

and control of air pollution

Constitution and function of Boards

In order to have an integrated approach for tackling problems related to pollution, the AIR(prevention & control of pollution) ACT,1981 provides that the Central & state pollution control boards established under the water(prevention & control of pollution)act 1974, shall also act as APCB under this act but in those states in which state pollution control boards for water pollution are not established. Separate state board for APC will be established.

The provisions regarding the board’s composition, essential qualifications of members, meetings, committees, etc.

Function of Central BoardA. Under the Air (prevention & control of pollution)

Act,1981, the main function of the Board shall be to improve the quality of air & to prevent, control air pollution in the country.

B. The central board may:advice central Govt; on any matter concerning the improvement of the quality of aircoordinate the activities of state boardprovide technical assistance & guidance to the state board.Plan and org, the training of persons engaged in programs for the prevention, control of air pollution on such terms & conditions as the CB may specify.

Org; through mass media, - a comprehensive program. collect, compile & publish technical data relating to AP & measure devised for its effective prevention, Prepare manuals, codes and guideline.Lay down standards for the quality of airCollect & disseminate information related to AP.

Cont….

To plan a comprehensive program.To collaborate with the CB in org, the

training of persons engaged in relating program.

Org, mass-education program relating to subject.

To inspect at all reasonable times, any control equipment, industrial plant or mfg; process & to give such direction to such person.

To inspect AP areas at such intervals- take steps for prevention.

To advice the state Got; with respect to the suitability of any premises/location for carrying on any ind; that is likely to cause AP.

Function of State Board

To perform such other functions as may be prescribed time to time, be entrusted to it by the CB.

To perform such other act as it necessary for the proper discharge of its function and for the purpose of carrying into effect the purposes of this Act..

Cont….

Power of the Boards

Under Section 19(1) the state government may

Declare any area or areas as air pollution control areas by notification in the official gazette.

Prohibited the use of any fuel or appliance

Prohibit burning of any material Section 20(2)

Laid Down emission slandered of air pollutant from the automobile are complied with.

Section 21(3)No person shall establish or operate any

industrial plant in air pollution control area with out the consent of state pollution control board. Section 22(4)

If any air pollutant excess in of the laid down standards then state pollution control shall discharge or permit to discharge industrial plant.Section 24(5) SPCB shall have rights to enter any place for:

Examination - Process, Material Investigation - Research related

ProblemsInspection - Premises, Plant

Section 26 Board has power to take sample of air or

emission of any chimney, Dust etc. for analysis purpose and send it to recognize Laboratory by State Board.

Section 37 Section 38 Section 39

Offences Violation of Sec. 21, 22

Violation of Specified offences

Violation of any other provision of act

Imprisonment and/or Fine

18 to 72 months and fine up to rs` 5000

May extend to 3 months and/or may extend to rs`10000

May extend to 3 months and/or may extend to rs`10000

Continued non-compliance

Imprisonment between 24 to 84 months

--Fine up to rs 5000every day

Drawbacks of Act

Offender or Defaulter is given 60 days notice before taking him to the court. By the time the case is filed in the court, the offender may destroy the evidence.No permission is required from SPCB for Establishing an industry outside the Air Pollution Control Area. Even though its emission might be reaching the air pollution control area.Emission of air pollution by aircraft or ship are excluded from purview of this act.

Measures for Prevention & control of Air Pollution

The state Govt. may, after consultation with pollution control board, by notification in gazette declare any area within the state as air pollution control area.If use of any fuel other than approved fuel, may cause air pollution, it may prohibit the use of such fuel. similarly, if burning of any material in an area may cause air pollution, it may be prohibited too.To ensure the standard for emission of air pollution from automobiles, Govt. with SPCB give instruction to authority incharge of motor vehicle registration to comply with the provisions of act.

Cont……

State Govt. appoints analyst for the purpose of analysing samples of air sent for analysis to laboratory estd. Under sec.17 of air pollution act, 1981.Documents or reports signed by Govt. analyst may be used as evidence of facts for any proceeding under this act.Any person aggrieved by an order made by the board may within 30 days from the date on which the order is communicated to him, prefer an appeal before the appellate authority and it should consist of a single or three persons as the state Govt. may think fit to be appointed by the state Govt.

Cont……Whoever fails to comply with this act, shall be punishable with imprisonment of one year and six months to six years and in case the failure continues, with an additional fine, which may extend to Rs.5000 for each day, during which such failures continues.

If the offence is commited by company, every person who served at the time when offence was committed shall be guilty of it & shall be liable to be proceeded against & punished accordingly.

If the offence under this act is committed by govt. department, the head of the department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

ENVIRONMENTAL IMPACT ASSESSMENT

INTRODUCTION

EIA is relatively new planning and decision-making tool

First introduced in the U.S in the “National Environmental Policy Act 1969 ”.

DEFINITION

An Environmental impact assessment is an assessment of the possible impact-positive or negative that a proposed project may have on the env. together consisting of the natural, social and economical aspects.So, it is a continual process for Identifying the likely consequences of:

A. The bio- geophysical env. B .Man’s health and welfare of

implementing particular activities

Cont….According to IAIA:-

An EIA is “ the process of identifying, predcting,evaluation, and the mitigating biophysical, social and other relevant effects of development proposals prior to major decision being taken and commitments made”

Application of EIA in India

Environmental action formally started by late Indira gandhi in U.N conference on Human Environment in Stockholm in 1972 NCEPC was established to be apex body in the Department of science and technology.And term “ environmental ” figured for the first time in 4th five year plan(1969-1974)Department of environment-1980

Classification available under EIA

Mandatory model

• Governed by a specific legislation

Discretionary model

• Decided by administrative agencies

Advantages of EIA

Transparency

predictability

viability

Cost-effectiveness

Flexibility

PROCESS OF EIA

Submission of Proposal

Submission of Proposal

Initial Environment Examination

ScreeningScreening

impact Assessment

Required

impact Assessment

Required

impact Assessment not

Required

impact Assessment not

Required

MitigationMitigation

AssessingAssessing

ScopingScoping

Decision MakingDecision Making

EI Statement

EI Statement

ApprovedApproved Monitoring Impact

Monitoring Impact AuditAuditNot

ApprovedNot

Approved

Re-Submit

Re-Submit

Re-Design

Re-Design

Public InvolvementPublic Involvement

Reason for preparation

Reason for preparationTo know significant impact of

project

To prevent Environmentally degrading action

For a healthy env.