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”
Some of Environmental Laws are:
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.

The one and only objective of all laws is to protect

the environment.
 AIR (PREVENTION AND CONTROL OF
POLLUTION) ACT, 1981

Meaning of Air Pollution

(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;
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 operation
Mills and plants
Indoor 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 air
Establishment 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 Board
A. 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 air
coordinate the activities of state board
provide 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.
 Cont….
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 air
Collect & disseminate information related to AP.
Function of State Board
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.
 Cont….

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..
 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 Problems
Inspection - 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. Violation of Violation of any
21, 22 Specified offences other provision of
act
Imprisonment 18 to 72 months May extend to 3 May extend to 3
and/or Fine and fine up to rs` months and/or months and/or
5000 may extend to may extend to
rs`10000 rs`10000

Continued non- Imprisonment Fine up to rs 5000

compliance between 24 to 84 -- every day
months
 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

Flexibility
Cost-
effectivene
viability ss

predictability

Transparency
PROCESS OF EIA
 Submission of
Proposal

Screening

impact Initial impact

Assessment Environment Assessment not
Required Examination Required

Scoping
Re-
Submit Assessing
Public Involvement

Mitigation
Re-
Design EI
Statement

Not Decision Monitoring

Approved Making Approved Impact Audit
 Reason for preparation

Reason for preparation

To know significant impact of project

To prevent Environmentally degrading

action

For a healthy env.