Epa - New Notes.docx

ENVIRONMENTAL (PROTECTION) ACT, 1986 REASONS FOR THE ENACTMENT  

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Unprecedented use of technology has given birth to many problems including the problem of eco-imbalances and environmental degradation. to implement the decisions made in United Nations Conference on Human Environment(Stockholm Declaration), 1972 – Government must evolve necessary laws to protect and improve the flora and fauna, non-renewable resources, wildlife and human health.- Article 48-A(State Obligation) and Article 253(Treaty implementation) Bhopas Gas Tragedy – o Indian Government realized the price one had to pay for industrialization. o It was the turning point in Indian Environmental history with both the Supreme Court and the Legislature realizing the importance of protecting the environment. No laws on liability and environmental protection – first time India brought this legislation into place. The Act purports to place liability of persons causing environmental damage on the basis of the polluter pays principle. Liability and compensation provisions are stricter for companies, which is a clear indication that the Act was a knee-jerk reaction to Bhopal.

26 sections in Four Chapters and Various Rules Section 2 – Definition Environment – Section 2(a) The term ‘environment’ includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property. (Environment includes water, air and land and its inter-relationship exist between water, air, land, human beings, living creatures, plants, micro-organisms and property. It includes animate and inanimate objects and its interrelationship. In the case of Virender Gaur Vs State of Haryana, (1995) 2 SCC 577, - Supreme Court defined environment as broad spectrum which brings within the ambit ‘hygienic atmosphere and ecological balance’. Section 2(b) – ‘Environment Pollutant’ – means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment.

Example for Gaseous Substance – M.C. Mehta Vs Union of India (AIR 1997 SC 734) – Taj Trapezium Case The emission of sulphur di-oxide from the use of coal and diesel by industries was found to be 200-300 Mg/m3, i.e., 10 folds of the standards fixed by the CPCB. And this sulphur di-oxide in the form of ‘acid rain’ was causing yellowing and corrosion of the marble of the Taj Mahal. It was gaseous pollution. NEERI – National Environmental Engineering and Research Institute, 1958 under MoST. It has five zonal laboratories.(Chennai, Mumbai, Hyderabad, Delhi and Kolkata) Objective of NEERI – To conduct research and development in the field of environmental science and engineering, to help industries in the adoption of green technologies to reduce pollution, to collaborate with academic and research institutions on environmental science and engineering for mutual benefit.

Example for Liquid Substance - Vellore Citizens’ Welfare Forum Vs Union of India, AIR 1996 SC 2715, Untreated effluents from tanneries, consisting of various types of chemicals including sodium chloride, lime, sodium sulphate, chromium sulphate, ammonia, sulphuric acid besides dyes, changed the physic-chemical properties of the soil and contaminated the underground water by percolation and was held to be environmental pollution, as the drinking water of 350 wells of the area also got polluted from it. General Powers of Central Government – Section 3 of the Act Section 3(1) - CG - Shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution. In M.C. Mehta Vs Union of India, AIR 1992 SC 382, the SC directed the CG to take adequate measures to make people aware about the protection of the environment. In order to ensure state obligation towards environment, the following directions were issued to the CG by the Court: 1. CG to issue directions to SG and UT to enforce a condition of licence to all cinema halls to exhibit free of cost at least two slides containing the message on environment in each show. 2. MoInformation and Broadcasting of the GoI – to produce information films on various aspects of environmental pollution 3. Spread relative information through Radio and TV 4. Making Environmental Science as a compulsory subject in schools and colleges.

Section 3(2) – Measures taken by the CG to achieve the objectives of EPA, 1986 1. Co-ordinate with SG to perform actions 2. Planning and Execution – Nation-wide program - prevention, control and abatement of pollution 3. laying down standards for the quality of environment In the case of M.C.Mehta Vs Union of India, AIR 1998 SC 617, (Vehicular Pollution Case); In pursuant to Section 3(1) and (3), the CG constituted National Capital Region for Traffic Safety Laws and Vehicular Pollution under the Chairmanship of Shri Bhure Lal. 4. laying down standards for emission or discharge of an environmental pollutants from various sources (permissible limits of noise and emissions, etc.) 5. restriction of certain areas where the industries process should not be carried out or carry out with certain safeguard measures – Sterlite Industries (India) Ltd. Vs UOI and Ors. (2013 – SC); M.C.Mehta Vs Union of India and Ors. (2004 – SC)(AIR 2004 SC 4016); M/s Vedanta Aluminium Ltd. Vs UOI and Another (Orissa – HC – 2011); Union Territory of Lakshadweep and Ors. Vs Seashells Beach Resort and Another (SC – 2012); T.N. Godavarman Thirumulpad Vs UOI and Ors. (AIR 2005 SC 4256) 6. laying down procedures and safeguards for the handling of hazardous substances 7. examination of manufacturing process, materials and substances that causes environmental pollution 8. carrying out and sponsoring investigations and research relating to problems of environmental pollution 9. inspection of premises, plant, equipment, machinery manufacturing or other proecesses, materials, or substances and give directions to authorities to take steps to prevent, control pollution 10. establish or recognition of environmental laboratories and institutes – NEERI and its 5 labs 11. collection and dissemination of information in respect of matters relating to envi pollution 12. preparation of manuals, codes or guides relating to prevention, control and abatement of environmental pollution

CASE LAWS FOR SECTION 3(1) AND SECTION 3(2)(v) OF EPA, 1986 1. Sterlite Industries (India) Ltd. Vs UOI and Ors. Environmental Clearance granted by the MoEF, GoI and Consent Orders under Air Act and Water Act granted by the TNPCB were challenged before the Madras HC Appeal - Issues 1. Location of the Unit - as per the report submitted by the NEERI - it was situated within 25 kms. which actually to be situated outside 25 kms of ecologically sensitive area. 2. EC from MoEF is required for project exceeding 50 crores - whether public hearing is mandatory? EIA Notification - 27.01.1994 - public hearing is not mandatory EIA Notification 10.4.1997 - public hearing is mandatory EIA Notification 16.01.1995 - EC granted to the appellants 2. M.C.Mehta Vs Union of India(2004) 93 thousand industries functioning in non-conforming zones ‘H’ Industries functioning in residential and non-conforming areas to be shifted out of Delhi. According to Delhi Master Plan (formulated under Delhi Development Act, 1957), the industries are categorized into following types A – Household industries H – Hazardous heavy and large industries F – Non-polluting industries 3. M/s Vedanta Aluminium Ltd. Vs UOI and Another (Orissa – HC – 2011) MoEF stalled the expansion of the Vedanta Alumina Refinery Project in Lanjigarh in Kalahandi District from one million tonnes/year to six million tonnes/year. MoEF issued show cause notice to the industry for non-compliance to the EIA Notification 2006 - getting EC for the expansion. Appellant – wants to quash the CG notification But Orissa HC – dismissed the petition

Cases for Section 3(3) – CG constitutes authority to execute the same by publishing in official gazette. The powers and functions are also defined. 1. T.N.Godavarman Thirumulpad Vs Union of India, (2001) 10 SCC 645, Petitioner challenged the legality and the validity of the actions of the TN State, in destroying tropical rain forest in the Gudalur and Nilgiris are in violation of Forest Act, 1927, Forest (conservation) Act, 1980 and EPA, 1986. (Action of the state is to turn the tropical forest into plantations thereby issued order for cutting down of rose wood and teak wood) Court directed the CG to create a scheme for compensatory afforestation and thrust the need of Central Powered Committee to manage the funds of Compensatory Afforestation Funds. On the detection of 66 wagons containing timber, the Supreme Court appointed a High Powered Committee to take such steps as it deems proper for necessary or appropriate investigation, storage, disposal, etc., of the detained timber and to carry out such action, in future if time is found. It also ordered for the constitution of a multi-disciplinary team to carry out investigations, etc. It was made clear by the Court that the MoEF can issue suitable directions for the effective implementation of the orders of the court.