Environmental Protection Act

Environmental Protection Act

• Environment Protection Act (EPA) is introduced to make provisions for controlling the pollution. In 1980 the Government of India established an independent department.

• The prime function of this department is to generate environmental awareness amongs the public so as to reduce the environmental pollution.

• Number of laws are implemented to control pollution and protect environment. Under the Ministry of Environement and Forest, various pollution control boards at central and state levels are setup.

• The regulatory structure and hierarchy of implementing EPA is shown in Fig. 2.9.1.

• Some important regulations under EPA and the year of implementations are given below :

1. The Air (Prevention and control of pollution) Act 1981.

2. The Water (Prevention and control of pollution) Act 1974.

3. Wild life protection Act 1972.

4. Forest conservation Act 1980.

 

1. Air (Prevention and Control of Pollution) Act

• Air pollution means presence of any air pollutant in the atmosphere. The air pollutant can be solid, liquid or gaseous substances.

• The concentration of such substance when exceeds, it becomes injurious to human beings or other living creatures. This act was introduced in 1981.

Objectives of Air Act

• The air pollution prevention and control act has been introduced to perform following important objectives :

1. Prevention and control of air pollution.

2. Maintain air quality.

3. To establish pollution control boards at various levels to check and control air quality.

 

2. Water (Prevention and Control of Pollution) Act

• Water pollution is defined as any changes in physical, chemical, biological properties of water or discharge of waste water which is injurious to

* Ecological system

* Public health/safety

* Domestic or agricultural use.

• This act was introduced in 1974.

Objectives of Water Act

• The water pollution prevention and control act has been introduced to perform following important objectives :

1. Prevention and control of water pollution.

2. Maintain water quality.

3. To establish pollution control boards at various levels to check and control water quality.

 

3. Wildlife Protection Act

• Wildlife includes any animal, aquatic, land, water and vegetation which is the natural home of any wild animal. This act was introduced in 1972.

Objectives of Wildlife Protection Act

• The objectives of wildlife protection act as follows.

1. To.maintain essential ecological processes and life supporting systems.

2. To pressure the biodiversity.

3. To protect wildlife.

 

4. Forest Conservation Act

• Forest is a biotic community composed of trees, shrubs and woody climbers. Timber, charcoal, oil, resin, lac, gum. Seeds are forest produce.

• Silk, sandle-wood, rocks and other plants used for Pharmaceutical purpose are important forest produce. Forest conservation act was introduced in 1972.

Objectives of Forest Conservation Act

• The prime objectives of forest conservation act are as follows.

1. Protection and conservation of forest.

2.To ensure proper use of forest produce.

 

5. Environmental Laws

• Various environmental laws for controlling hazardous substances are listed in Table 2.9.1.

 

6. Environmental Impact Assessment (EIA)

 • Environmental Assessment (EA), sometimes referred to as Environmental Impact Assessment (EIA) is a procedure for ensuring that the potential environmental effects of any new development or project are considered before it is allowed to proceed.

• Environmental assessment is a vital component in the concept of environmental management with environmental management system representing a useful tool for developers in conducting environmental assessments of their projects.

• Environmental Assessment (EA) is an appraisal technique for ensuring that the potential environmental effect of every new development are identified and considered before any approval is given.

• Environmental Assessment (EA) or Environmental Impact Assessment (EIA) as it is sometimes termed, is essentially the concept and process by which detailed information addressing the likely environmental effects of a development or project is gathered and evaluated by the developer or client organisation before being considered by the planning authority in deciding of planning permission should be formally granted. The collection of information documenting the projects potential-environmental effects is the environmental statement.

a. Environmental Statement (ES)

• The Environmental Statement (ES) is a publicly available document submitted to the planning authority and it accompanies the developer’s planning application.

• Generation of the environmental statement is the responsibility of the developer as it is gathering all the information and facts needed for its development. In practice, it is likely that the developer will employ a consultant to conduct the detailed investigation and produce the statement.

• The environmental statement may, depending upon circumstances, be brief and simple or lengthy and complex but it must provide a clear description of the projects likely environmental effects on a range of conventional environmental factors.

b. Benefits of EIA

• The benefits of the environmental impact assessment directive to organisations are that

1. It provides the basis for better decision making in the procurement of their projects.

2. It ensures that the potential environmental effects of their proposals are fully considered.

3. It allows the formulation of projects within a framework of greater safeguard and acceptability.

4. It promotes greater interaction between the developer and planning and approval authorities..

5. It provides the judgemental processes to be administered more systematically timely and effectively.

• Environmental assessment is a management function aimed at providing as much information as possible to allow the most appropriate and best decision to be reached in the interests of working within the environment.

• Environmental assessment in practice represents a two tier system of environmental consideration. Environmental assessment is therefore, in practical terms, a review and audit of the development process.

c. Participants to ES

• The following list represents the principal participants to the environmental assessment process.

1. The developer - Responsible for initiating and undertaking an environmental assessment of proposed development or projects.

2. Specialist consultants - Appointed by the developer to conduct the environmental assessment and produce the environmental statement to support the planning application. Specialist consultants may include; landscape architect, environmental scientist, design architect, engineer planner, other construction or life science related specialist.

a) The planning authority - The public body with responsibility for considering the environmental effects of a planning application.

b) The secretary of state - Involved in the environmental assessment decision making process in specific situations.

c) The public - May become involved in environmental assessment in publically sensitive projects where for example they may raise issues and objections with the planning authority or to the secretary of state.

d) Statutory and other consultees - Statutory and non statutory bodies may be asked to provide advice and information in the decision-making process. These involve such specialist organisations as the Countryside Commission, The Nature Conservancy Council, The Historic Building and Monuments Commission etc.

d. Role of Environmental Consultant

• The principal role of the environmental consultant within the environmental assessment process is to undertake the following.

1. Liaise with the developer on all aspects of environmental assessment.

2. Appraise the developer on matters of environmental legislation and regulations.

3. Liaise with other specialist consultants where required.

4. Liaise with the planning authority upon matters concerning the environmental assessment.

5. Liaise with statutory, non-statutory and other consultees who become involved in environmental assessment.

6. Undertake an Environmental Site Survey (ESS) to collect, collate and analyse the information necessary for the environmental assessment of the proposal.

7. Provide the environmental statement submitted with the developer’s planning application to the planning authority.

• The environmental consultant may be asked by the developer to,

a) Act in the capacity of environmental consultant during the briefing, design and procurement phases.

b) Act as environmental consultant during the construction phase on-site.

e. Stages of EIA

• There are seven principal elements in the process of environmental assessment. These are supported by one further element, essential to the realisation of success but which is frequently understood. These elements are,

1. Project description

2. Screening

3. Scoping

4. Baseline studies

5. Impact prediction / Identifying and evaluating alternatives

6. Mitigation assessment

7. Environmental statement

8. Environmental monitoring.

1. Project description

• This is a sufficient and clear description of the project together with details of its location.

• Although detailed information is not required at this initial stage, the developer must provide the planning authority with sufficient information to judge whether an environmental assessment is necessary.

2. Screening

• Screening is the process of determining for a particular project, the need for an environmental assessment.

3. Scoping

• Scoping is connected with directing the environmental assessment towards aspects of specific importance.

• Scoping is a vital step in the environmental assessment process as it must clearly identify those aspects which require detailed study and analysis and forms the basis for impact prediction of environmental effects.

• The result of scoping is the development of an environmental assessment programme or schedule which relates particular attributes of the development process to environmental aspect.

4. Baseline studies

• Baseline studies are concerned with the identification of the significant environmental impacts that must be assessed.

• Baseline studies follow on naturally from or even form an inherent part of scoping. The environmental assessment programme or schedule developed during scoping will direct the baseline study. This will provide information on -

a) The detailed description of the project.

b) The project's environs.

c) The social dimension.

5.  Impact prediction

• This is concerned with assessing the potential for environmental effect of those aspects identified during scoping and baseline studies.

• The focus of this aspects is, by definition, on determining the likely effect of specific project aspects upon the environment. Naturally it is difficult frequently impossible, to predict potential environmental effects with any degree of accuracy.

• Usually environmental impact prediction is a subjective description of what will happen, known from experience or what might happen based upon reasoning or expectation. Strictly, analysis should lead to accurate prediction based on verifiable information. It should be determined and not based on judgement or guesswork.

• In practice, environmental assessment should involve detailed investigation by experienced consultants and the resulting information presented in clear and unambiguous form, based on sound common sense reasoning of accurate data.

6. Mitigation assessment

• This focuses upon consideration of the measures to be taken to alleviate or minimise environmental effects.

• The accent of this section is towards summarising recommendations developed during the analytical and predictive processor, aimed at mitigating the environmental effects of the project.

7. Environmental statement

• The statement is the mechanism by which the developer places the findings of the environmental assessment before the planning authority. The extent and detail of an environmental statement will be determined by the characteristics and situation of the particular project.

8. Environmental monitoring

• Environmental monitoring is concerned with monitoring the environmental effects of the project, if and when the project is given approval to proceed.

• Environmental monitoring is essential as a concept, as it provides the sound base upon which wider principles and practices will undoubtedly advance in the future.

• It is rapidly becoming a prerequisite to the wider issues of environmental regulation and auditing schemes and looks set to play an even more significant role in the future.

 

7. Salient Features of the EPA

The Environment (Protection) Act has been brought into force from November, 1986. Its salient features are :

(a) Conferring powers on the Central Government to :

(i) Take all necessary measures for protecting quality of environment,

(ii) Co-ordinate actions of States, officers and other authorities under this Act,

(iii) Plan and execute a nationwide programme for prevention, control and abatement of environmental pollution,

(iv) Lay down standards for discharge of environmental pollutants,

(v) Empower any person to enter, inspect, take samples and test,

(vi) Establish or recognise environmental laboratories,

(vii) Appoint or recognise government analysts,

(viii) lay down standards for quality of environment,

(ix) Restrict areas in which any industries, operations or processes may not be carried out subject to certain safeguards,

(x) Lay down safeguards for prevention of accidents and take remedial measures in case of such accidents,

(xi) Lay down procedures and safeguards for handling hazardous substances,

(xii) Constitute an authority for exercising powers,

(xiii)  Issue directions to any person, officer or authority including the power to direct closure, prohibition or regulation of any industry, operation or process,

(xiv)  Require any person, officer or authority to furnish any prescribed information and

(xv) Delegate powers to any officer of a state or authority;

(b) It confers powers on persons to complain to courts regarding any violation of the provisions of the Act, after a notice of 60 days to the prescribed authorities;

(c) The Act makes it obligatory for the person in charge of a place to inform the prescribed authorities regarding any accidental discharge of any pollutant in excess of prescribed standards.

• The concerned authorities, on receipt of such information, shall take remedial measures to prevent or mitigate pollution caused by such accidents and expenses incurred by the authorities in respect of remedial measures are recoverable with interest from the polluter;

(d) It prescribes stringent penalties for violation of the provisions of the Act; and

(e) Jurisdiction of civil courts is barred under the Act.

• A comprehensive Environment (Protection) Act came into being in 1986 to remedy the lacunae noticed in the earlier laws and to serve as a single legislation on the subject.

Review Questions

1. What are the salient features of the following acts ?

i) The environment (Protection) Act 1986.

ii) Water (Prevention and control of pollution) act 1974.

2. Briefly discuss to salient features of wildlife protection act.

AU : Dec.-14, Marks 8

3. Explain in brief about the present regulatory trends in air, waste water and recycling.

AU : May-14, Marks 12 

4. Name the laws that have been framed for environmental protection and mention the objectives for each act.

5. Name the laws that have been framed for environmental protection and mention the objectives for each act.

6. Explain salient features of water act.

7. Explain a note on EIA.