Pgp1 Labreport Secd Ashutosh Kumar Srivastava 2008pgp041d
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Compliance and Liability under Environmental Laws Ashutosh Kumar Srivastava Roll Number: 2008PGP041D PGP 2008-10 Under the supervision of Prof. Lalitha Sreenath July 11, 2008
© 2008, Ashutosh Kumar Srivastava, Some Rights Reserved
1
Introduction o
o
o
Fundamental Rights, Article 21, Constitution of India, “No person in the country may be deprived of his life or personal liberty except according to procedure established by law” Directive principle of State Policy, Article 48A, Constitution of India: “The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country” Fundamental Duties, Article 51A (g), Constitution of India: “It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures” © 2008, Ashutosh Kumar Srivastava, Some Rights Reserved
2
Environmental Laws In India o
Based on the framework provided by the constitution, the government has enacted various laws and regulations for the protection of environment. Some of these laws are: o Water (Prevention and Control of Pollution) Act o Air (Prevention and Control of Pollution) Act o Environment (Protection) Act, 1986 (also contains provisions relating to Coastal Regulation Zone, Eco-sensitive Zone, Environmental Clearances, Hazardous Substances Management, Noise Pollution, Ozone Layer Depletion, etc.) o Indian Wildlife (Protection) Act o Forest (Conservation) Act, 1980, and The Indian Forest Act o Biological Diversity Act, 2002
© 2008, Ashutosh Kumar Srivastava, Some Rights Reserved
3
Compliance and Liability under Environmental Laws In India o
A brief overview of compliance and liabilities under the three most important environmental laws in India: o o o
The Environment (Protection) Act, 1986 The Water (Prevention and Control of Pollution) Act, 1974 The Air (Prevention and Control of Pollution) Act 1981
is given in the following slides.
© 2008, Ashutosh Kumar Srivastava, Some Rights Reserved
4
Liability in case of a Company/Government body For Companies: o Persons directly in charge of and responsible to the company for the conduct of its business as well as the company, will be considered guilty and will be punished accordingly. o In case, where compliance failure was with the consent or connivance of, or was due to the neglect on the part of any director, manager, secretary or other officer of the company, then such director, manager, secretary or other officer will be considered guilty and will be punished accordingly.
For Government Bodies: o Head of the Department of the Government body shall be deemed to be guilty of the offence and will be punished accordingly.
© 2008, Ashutosh Kumar Srivastava, Some Rights Reserved
5
Compliance and Liability under Environment (Protection) Act, 1986 Compliance o
o
o
Liabilities
Do not discharge any pollutant in the environment, in excess of the specified standard Handle all hazardous substances in accordance with the prescribed procedures safeguards. In case of any real or anticipated discharge of any environmental pollutant in excess of the prescribed standards, inform the concerned authorities immediately
o
o
o
Imprisonment for a term of up to five years, or a fine of up to one lakh rupees, or both In case compliance failure continues - an additional fine of up to five thousand rupees per day Compliance Failure continues for more than a year - an imprisonment of up to seven years
© 2008, Ashutosh Kumar Srivastava, Some Rights Reserved
6
Compliance and Liability under Water (Prevention and Control of Pollution) Act, 1974 Compliance
o
o
o
o
Liabilities
Do not discharge any poisonous, noxious or polluting matter, identified with the standards laid down by the law, in any water body Do not establish or operate industry, operation or process, which can discharge sewage of other pollutants to a water body without the approval of the State Pollution Control Board. Prevent use of new/altered outlet for discharge Inform the authorities in case of accidents/ unanticipated discharge
o
o
o
o
Imprisonment for a term of at least one and a half year and up to six years and fine In case compliance failure continues - an additional fine of up to five thousand rupees per day In case repeated failures imprisonment for a term of at least two years and up to seven years and fine The offender's name and other details can be published (for example in a newspaper). The expense for the same will be borne by the offender.
© 2008, Ashutosh Kumar Srivastava, Some Rights Reserved
7
Compliance and Liability under Air (Prevention and Control of Pollution) Act, 1981 Compliance
o
o
o
Liabilities
Do not establish or operate an industrial unit in a pollution control area without prior approval by the state Do not discharge any air pollutant in access of the standard specified by the law Inform the authorities in case of accidents/ unanticipated discharge
o
o
o
Imprisonment for a term of at least one and a half year and up to six years and fine In case compliance failure continues - an additional fine of up to five thousand rupees per day In case of failure to inform the authorities of any accidental discharge of pollutants to the air Imprisonment for a term of up to three months and fine up to ten thousand rupees or both
© 2008, Ashutosh Kumar Srivastava, Some Rights Reserved
8
Questions
© 2008, Ashutosh Kumar Srivastava, Some Rights Reserved
9
© 2008, Ashutosh Kumar Srivastava, Some Rights Reserved
1
Introduction o
o
o
Fundamental Rights, Article 21, Constitution of India, “No person in the country may be deprived of his life or personal liberty except according to procedure established by law” Directive principle of State Policy, Article 48A, Constitution of India: “The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country” Fundamental Duties, Article 51A (g), Constitution of India: “It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures” © 2008, Ashutosh Kumar Srivastava, Some Rights Reserved
2
Environmental Laws In India o
Based on the framework provided by the constitution, the government has enacted various laws and regulations for the protection of environment. Some of these laws are: o Water (Prevention and Control of Pollution) Act o Air (Prevention and Control of Pollution) Act o Environment (Protection) Act, 1986 (also contains provisions relating to Coastal Regulation Zone, Eco-sensitive Zone, Environmental Clearances, Hazardous Substances Management, Noise Pollution, Ozone Layer Depletion, etc.) o Indian Wildlife (Protection) Act o Forest (Conservation) Act, 1980, and The Indian Forest Act o Biological Diversity Act, 2002
© 2008, Ashutosh Kumar Srivastava, Some Rights Reserved
3
Compliance and Liability under Environmental Laws In India o
A brief overview of compliance and liabilities under the three most important environmental laws in India: o o o
The Environment (Protection) Act, 1986 The Water (Prevention and Control of Pollution) Act, 1974 The Air (Prevention and Control of Pollution) Act 1981
is given in the following slides.
© 2008, Ashutosh Kumar Srivastava, Some Rights Reserved
4
Liability in case of a Company/Government body For Companies: o Persons directly in charge of and responsible to the company for the conduct of its business as well as the company, will be considered guilty and will be punished accordingly. o In case, where compliance failure was with the consent or connivance of, or was due to the neglect on the part of any director, manager, secretary or other officer of the company, then such director, manager, secretary or other officer will be considered guilty and will be punished accordingly.
For Government Bodies: o Head of the Department of the Government body shall be deemed to be guilty of the offence and will be punished accordingly.
© 2008, Ashutosh Kumar Srivastava, Some Rights Reserved
5
Compliance and Liability under Environment (Protection) Act, 1986 Compliance o
o
o
Liabilities
Do not discharge any pollutant in the environment, in excess of the specified standard Handle all hazardous substances in accordance with the prescribed procedures safeguards. In case of any real or anticipated discharge of any environmental pollutant in excess of the prescribed standards, inform the concerned authorities immediately
o
o
o
Imprisonment for a term of up to five years, or a fine of up to one lakh rupees, or both In case compliance failure continues - an additional fine of up to five thousand rupees per day Compliance Failure continues for more than a year - an imprisonment of up to seven years
© 2008, Ashutosh Kumar Srivastava, Some Rights Reserved
6
Compliance and Liability under Water (Prevention and Control of Pollution) Act, 1974 Compliance
o
o
o
o
Liabilities
Do not discharge any poisonous, noxious or polluting matter, identified with the standards laid down by the law, in any water body Do not establish or operate industry, operation or process, which can discharge sewage of other pollutants to a water body without the approval of the State Pollution Control Board. Prevent use of new/altered outlet for discharge Inform the authorities in case of accidents/ unanticipated discharge
o
o
o
o
Imprisonment for a term of at least one and a half year and up to six years and fine In case compliance failure continues - an additional fine of up to five thousand rupees per day In case repeated failures imprisonment for a term of at least two years and up to seven years and fine The offender's name and other details can be published (for example in a newspaper). The expense for the same will be borne by the offender.
© 2008, Ashutosh Kumar Srivastava, Some Rights Reserved
7
Compliance and Liability under Air (Prevention and Control of Pollution) Act, 1981 Compliance
o
o
o
Liabilities
Do not establish or operate an industrial unit in a pollution control area without prior approval by the state Do not discharge any air pollutant in access of the standard specified by the law Inform the authorities in case of accidents/ unanticipated discharge
o
o
o
Imprisonment for a term of at least one and a half year and up to six years and fine In case compliance failure continues - an additional fine of up to five thousand rupees per day In case of failure to inform the authorities of any accidental discharge of pollutants to the air Imprisonment for a term of up to three months and fine up to ten thousand rupees or both
© 2008, Ashutosh Kumar Srivastava, Some Rights Reserved
8
Questions
© 2008, Ashutosh Kumar Srivastava, Some Rights Reserved
9
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