ENVIRONENTAL LAWS AND POLICIES
ENVIRONENTAL LAWS AND POLICIES
|ACTS||OBJECTIVES and PROVISIONS|
|Wildlife Protection Act 1972
|Objective – To protect wild animals, birds, plants & matter connected with them.
There are 6 Schedules which gives varying degree of protection:
1. Schedule I & II provides absolute protection with highest penalties for violation.
2. Schedule III & IV species are also protected, but the penalties are lower.
3. Schedule V includes “vermin” animals, which can be hunted.
4. Schedule VI includes endemic plants that are prohibited from cultivation & planting.
WPA (Amendment) 2006: Created the National Tiger Conservation Authority & Wildlife Crime Control Bureau (WCCB).
|Environment (Protection) Act, 1986||Objective – To protect, improve environment & reduce pollution. Enacted aftermath of Bhopal Gas Tragedy (1984).
|Indian Forest Act, 1927||Objective – To protect & conserve forests.
|Forest (Conservation) Act, 1980||Objective – To protect the forest and control its deterioration.
|National Forest Policy, 1988||Objective – To-ensure environmental stability & ecological balance.
Note – Forest policy, 1952 recommends 33% forest cover (60% in mountainous region & 25% in plain area) of the total area.
|The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006||Objective – To restore the deprived forest rights of the Scheduled Tribes & other traditional forest dwellers across India.
1. Title Rights: To legally hold forest lands (up to 4 acres). Applies for land that is being cultivated by the concerned family, no new lands are granted.
2. Use Rights: Forest produce including non-timber forest produce of plants by the community.
3. Community forest resource rights: To protect, regenerate, conserve or manage forest resources for sustainable use, providing for community governance of forests.
1. Must be a Scheduled Tribe in the area where the right is claimed.
2. Primarily resided in forest or forests land for three generations (75 years) before 13-12-2005; and
3. Depend on the forest or forest land for livelihood needs.
Process of recognition of rights:
1. Gram Sabha – Pass a resolution recommending whose rights to which resources should be recognized.
2. Screening committees – Resolution is screened & approved at the level of the sub-division (or taluka) and the district level.
The screening committees consist of three government officials (Forest, Revenue & Tribal Welfare departments) and three elected members of the local body at that level. These committees also hear appeals.
|Biological Diversity Act 2002||Objective – To conserve, promote sustainable use of biological diversity & ensure fair & equitable sharing of its benefits.
|Coastal Regulation Zone (CRZ) Rules, 2019
|Objective – To promote sustainable development and conserve coastal environments.
For CRZ-III (Rural) areas, two separate categories:
1. CRZ-III(A) with a population density of more than 2161, the No Development Zone (NDZ) is reduced to 50 meters from 200 meters from High Tide Line (HTL)
2. CRZ-III(B) with less than 2161 the NDZ is 200 meters from High Tide Line(HTL)
|Bio-Medical Waste Rules, 2016
|Objective – To manage bio-medical waste (2016 rules are an improvement to BMW-1998 rules)
Note: these rules shall not apply to:
|e-Waste Management Rules 2016
(amendment to 2011 rules)
Amendment Rules, 2018
|Objective – To channelize the E-waste generated in the country towards authorized dismantlers & recyclers to formalize the e-waste recycling sector.
|Hazardous and Other Wastes (Management and Trans-boundary Movement) Amendment Rules, 2019.
(amended the 2016 rules)
|Objective – To strengthen the implementation of environmentally sound management of hazardous waste.
|National-Green Tribunal (NGT) Act, 2010
|Objective – For effective & expeditious disposal (within 6 months of appeal) of the environmental cases + To help reduce the burden of litigation in the higher courts.
NGT deals with:
1. The water act, 1974
2. The water cess act, 1977
3. The Forest (Conservation) Act, 1980
4. The Air Act, 1981
5. The EPA, 1986
6. The Public Liability Insurance Act, 1991;
7. The Biological Diversity Act, 2002.
It does not deal with:
1. Wildlife (Protection) Act,1972
2. Indian Forest Act, 1927
3. Forest Rights Act, 2006.
Note: NGT Act, draws inspiration from India’s constitutional provision of Article 48A (DPSP)
|The Ozone Depleting Substances (ODS) Rules, 2000.
|Objective – To regulate production, consumption & phasing out the ODSs following the Montreal Protocol.
Rules notified under EPA,1986:
ODS-Amendment Rules, 2019:
|The Protection of Plant Variety and Farmers Right Act, 2001||Objective – To protect plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants + Recognizes rights of Farmers, Breeders & researchers.
Facilitate the growth of the seed industry, ensure the availability of high-quality seeds & planting material.
|Compensatory Afforestation Fund Act (CAMPA Act), 2016.
|Objective – To provide an appropriate institutional mechanism to utilize afforestation funds.